Tejaskumar Kirankumar Trivedi vs State Of Gujarat
2023 Latest Caselaw 6496 Guj

                                                                                    NEUTRAL CITATION




     R/CR.MA/19149/2015                               ORDER DATED: 05/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/CRIMINAL MISC. APPLICATION NO. 19149 of 2015

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                          TEJASKUMAR KIRANKUMAR TRIVEDI
                                      Versus
                            STATE OF GUJARAT & 1 other(s)
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                  Date : 05/09/2023

                                   ORAL ORDER

1. With the consent of learned advocates appearing for

the parties, present application 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-188 of 2015 registered before

'B' Division Police Station, Bhuj City, for the offence

punishable under Sections 406, 420, 465, 467, 468,

471, 472, 477-A and 114 of the Indian Penal Code.

4. Heard learned advocates.

NEUTRAL CITATION

R/CR.MA/19149/2015 ORDER DATED: 05/09/2023

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5. Learned advocate for the applicant 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. The complainant is

present in the Court and on inquiry, confirms the

factum of settlement.

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 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/19149/2015 ORDER DATED: 05/09/2023

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8. Resultantly, this application is allowed. The

impugned FIR being C.R.No.I-188 of 2015 registered

before 'B' Division Police Station, Bhuj City, and all

other consequential proceedings, if any, arising out

of said FIR qua the applicant are hereby quashed

and set aside.

9. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(SANDEEP N. BHATT,J) R.S. MALEK