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Mayur Pratapji Thakor v. State Of Gujarat

Mayur Pratapji Thakor v. State Of Gujarat

(High Court Of Gujarat At Ahmedabad)

R/CRIMINAL MISC. APPLICATION NO. 547 of 2022 | 18-01-2022

1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today.

2. Learned advocate Mr.Pratik Advani states that he has received instructions to appear on behalf of respondent No.2. He is permitted to file his Vakalatnama in the Registry. Registry to accept the same.

3. Rule. Learned APP Mr. Ronak Raval for respondent no.1 and learned advocate, Mr. Pratik Advani for respondent no.2 waive service of notice of Rule.

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.No.11191015211649 of 2021 registered with Nikol Police Station, District Ahmedabad City, for the offence punishable under Sections 323, 294(b), 506(2), 427 and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act.

5. Heard learned advocate, Mr. Jagat V. Patel for the applicants, learned APP Mr. Ronak Raval for respondent no.1 and learned advocate, Mr. Pratik Advani for respondent no.2. Respondent no.2 – first informant is present before this Court through videoconferencing in the office of learned advocate Mr.Pratik Advani and this Court has inquired from respondent no.2 about the genuineness of the settlement. An affidavit to that effect is placed on record at Page 11. Learned advocate, Mr. Pratik Advani identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by respondent No.2.

6. Learned advocate for the applicants has taken this Court through the factual matrix arising out of the present application.

7. 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 placed on record affidavit of settlement of dispute duly signed by the respondent No.2.

8. Since now, the dispute with reference to the impugned FIR is settled and resolved by and between parties, which is confirmed by respondent No.2 through his learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. 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.11191015211649 of 2021 registered with Nikol Police Station, District Ahmedabad City and all other consequential proceedings arising out of said FIR are hereby quashed and set aside.

10. Rule is made absolute to the aforesaid extent. Direct service is permitted.

Advocate List
  • MR JAGAT V PATEL

  • MR PRATIK ADVANI

  • MR RONAK RAVAL

Bench
  • HON'BLE MR. JUSTICE VIPUL M. PANCHOLI
Eq Citations
  • LQ/GujHC/2022/999
Head Note

Criminal Procedure Code, 1973 — S. 482 — Quashing of FIR — Dispute between parties amicably resolved — FIR quashed — Constitution of India, Art. 21