Mehul Harshadbhai Patel vs State Of Gujarat
2023 Latest Caselaw 4685 Guj

     R/SCR.A/3511/2017                                  ORDER DATED: 20/06/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CRIMINAL APPLICATION NO. 3511 of 2017

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                   MEHUL HARSHADBHAI PATEL & 4 other(s)
                                Versus
                      STATE OF GUJARAT & 1 other(s)
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Appearance:
MR HARSHIL C DATTANI(6241) for the Applicant(s) No. 1,2,3,4,5
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
SAKET A WAGHELA(8068) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                  Date : 20/06/2023

                                    ORAL ORDER

1. With the consent of learned advocates appearing for

the parties, present petition is taken up for final

disposal today.

2. Rule. Learned advocates waive service of notice of

Rule for respective respondents.

3. 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.I-7 of 2017 registered with

Mahila Police Station, Narmada for the offence

punishable under Sections 498(a), 504, 506(2), 323

and 114 of the Indian Penal Code.

R/SCR.A/3511/2017 ORDER DATED: 20/06/2023

4. Heard learned advocates.

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

Court through the factual matrix arising out of the

present application.

6. 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.

7. 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 who is present in the Court, the trial would be futile and any further continuation of

proceedings would amount to abuse of process of

law. Therefore, in view of the above and in view of

the judgment of the Hon'ble Apex Court in the 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.

8. Resultantly, this application is allowed. The

impugned FIR being C.R.No.I-7 of 2017 registered

R/SCR.A/3511/2017 ORDER DATED: 20/06/2023

with Mahila Police Station, Narmada, and all other

consequential proceedings, if any, arising out of said

FIR qua the applicant/s are hereby quashed and set

aside.

9. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(SANDEEP N. BHATT,J) SRILATHA