Satishbhai Harshadbhai Patel vs State Of Gujarat
2023 Latest Caselaw 7143 Guj

                                                                                          NEUTRAL CITATION




     R/CR.MA/3195/2020                                      ORDER DATED: 27/09/2023

                                                                                          undefined




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                   FIR/ORDER) NO. 3195 of 2020

==========================================================
                          SATISHBHAI HARSHADBHAI PATEL
                                      Versus
                                STATE OF GUJARAT
==========================================================
Appearance:
MR BHAVIN S RAIYANI(3855) for the Applicant(s) No. 1
KARTIKKUMAR K JOSHI(8042) for the Respondent(s) No. 2
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                   Date : 27/09/2023

                                    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-11191047200005 of 2020 registered with Mahila

Police Station, Ahmedabad(East) for the offence

punishable under Sections 354(d), 294(b), 506(2) and 114

NEUTRAL CITATION

R/CR.MA/3195/2020 ORDER DATED: 27/09/2023

undefined

of the Indian Penal Code.

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 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/3195/2020 ORDER DATED: 27/09/2023

undefined

8. Resultantly, this application is allowed. The impugned FIR being C.R.No.C.R.No.I-11191047200005 of 2020

registered with Mahila Police Station, Ahmedabad(East)

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