Chanubha Gambhirsinh Jadeja vs State Of Gujarat
2023 Latest Caselaw 6941 Guj

                                                                                  NEUTRAL CITATION




     R/CR.MA/23295/2015                              ORDER DATED: 20/09/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/CRIMINAL MISC.APPLICATION NO. 23295 of 2015
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                          CHANUBHA GAMBHIRSINH JADEJA
                                     Versus
                           STATE OF GUJARAT & 1 other(s)
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Appearance:
MR ABHAYKUMAR P SHAH(3093) for the Applicant(s) No. 1
MR KIRTIDEV R DAVE(3267) for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                 Date : 20/09/2023

                                   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-65 of 2015 registered with

Samkhiyari Police Station, Kachchh for the offence

punishable under Sections 420, 465, 467, 468, 471

and 120B of the Indian Penal Code.

4. Heard learned advocates.

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

NEUTRAL CITATION

R/CR.MA/23295/2015 ORDER DATED: 20/09/2023

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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, 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.

8. Resultantly, this application is allowed. The

impugned FIR being C.R.No.I-65 of 2015 registered

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R/CR.MA/23295/2015 ORDER DATED: 20/09/2023

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with Samkhiyari Police Station, Kachchh 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