Meenaben Trivikamrai Nanavati ... vs State Of Gujarat
2023 Latest Caselaw 5877 Guj

                                                                                  NEUTRAL CITATION




     R/CR.MA/5500/2021                               ORDER DATED: 10/08/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 5500 of 2021

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     MEENABEN TRIVIKAMRAI NANAVATI W/O JAYANTIBHAI JETHWA
                            Versus
                      STATE OF GUJARAT
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Appearance:
MR CHETAN K PANDYA(1973) for the Applicant(s) No. 1
MR P P MAJMUDAR(5284) for the Respondent(s) No. 2
MR SURAJ B MATIEDA(10499) for the Respondent(s) No. 2
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                 Date : 10/08/2023

                                  ORAL ORDER

1. With the consent of learned advocates appearing for

the parties, present application is taken up for final

disposal today.

2. By way of the present application under Section

482 of the Code of Criminal Procedure, 1973 (for

short, the 'Code'), the applicant/s prays for quashing

the FIR being C.R.No.1185001210064 of 2021

registered with Bhanvad Police Station, Devbhoomi

Dwarka for the offence punishable under Sections

406, 420, 504, 506 and 120 of Indian Penal Code

and Sections 3, 4(1), 4(2), 4(3), 5(c) and 5(e) of the

Gujarat Land Gabbing (Prohibition) Act.

NEUTRAL CITATION

R/CR.MA/5500/2021 ORDER DATED: 10/08/2023

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3. Heard learned advocates.

4. Learned advocate for the applicant/s has taken this

Court through the factual matrix arising out of the

present application.

5. At the outset, it is submitted that the parties have

amicably resolved the dispute. In support of such

submission made at the bar by the learned

advocates appearing for the respective parties, they

have placed on record affidavit of settlement duly

signed by the complainant. The complainant is

present in the Court and on inquiry, confirms the

factum of settlement.

6. Since now, the dispute with reference to the

impugned FIR is settled and resolved by and between parties, which is confirmed by the original

complainant through learned advocate, the trial

would be futile and any further continuation of

proceedings would amount to abuse of process of

law. In view of the above and in view of the

judgment in case of Gian Singh v. State of Punjab

& Another, reported in (2012) 10 SCC 303, the impugned FIR is required to be quashed and set

aside.

NEUTRAL CITATION

R/CR.MA/5500/2021 ORDER DATED: 10/08/2023

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7. Resultantly, this application is allowed. The

impugned FIR being C.R.No.1185001210064 of 2021

registered with Bhanvad Police Station, Devbhoomi

Dwarka and all other consequential proceedings, if

any, arising out of said FIR qua the applicant are

hereby quashed and set aside.

8. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(SANDEEP N. BHATT,J) SRILATHA