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BHERABHAI RANGAJIBHAI BHABHOR v. STATE OF GUJARAT
R/CR.MA/14874/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 14874 of 2020
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BHERABHAI RANGAJIBHAI BHABHOR
Versus
STATE OF GUJARAT
======================================================= Appearance:
MR DARSHAN P DAVE(5928) for the Applicant(s) No.
1,2,3,4
MR YASH H JOSHI(6495) for the Respondent(s) No. 2 MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR(2) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 28/10/2020
ORAL ORDER
1. Rule. Learned APP, Mr.Ronak Raval for respondent no.1 - State and learned advocate, Mr. Yash Joshi for respondent no.2 - Original Complainant waive service of notice of Rule.
2. Heard learned advocate, Mr.Darshan P. Dave for the applicants, learned APP, Mr.Ronak Raval for respondent no.1 - State and learned advocate, Mr. Yash Joshi for respondent no.2 - Original Complainant.
3. With the consent of learned advocate for the applicants and learned advocate for respondents, present application is taken up for final disposal today.
4. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the 'Code'), the applicants pray for quashing and setting aside the FIR being C.R.
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No.11821008200712 of 2020 registered with Dahod Rural Police Station, District Dahod for the offence punishable under Sections 325, 323, 504, 506(2) and 114 of the Indian Penal Code.
5. Learned advocate for the applicants 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 bar by the learned advocates appearing for the respective parties, they have tendered an affidavit of settlement of dispute duly signed by the respondent No.2 - complainant, a copy of which is taken on record.
7. Learned advocate for the applicants submitted that in the case of cross FIR, the co-ordinate Bench of this Court has quashed the said FIR on the ground of settlement.
8. 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 his learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Moreover, the co-ordinate Bench of this Court has quashed the cross FIR filed by the applicants' side on the ground of settlement. Therefore, the impugned FIR is required to be quashed and set aside.
9. Resultantly, this application is allowed. The impugned FIR being C.R. No.11821008200712 of 2020 registered with Dahod Rural Police Station, District Dahod and all other consequential
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proceedings arising out of said FIR are hereby quashed and set aside qua the applicants only.
10. Rule is made absolute to the aforesaid extent. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.
(VIPUL M. PANCHOLI, J)
SRILATHA
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