SANDEEP N. BHATT, J.
1. By way of the present applications under Section 482 of the Code of Criminal Procedure, 1973, the applicants pray for quashing and setting aside the impugned FIR being :- (i) C.R.- I No.178 of 2017 registered with the Umra Police Station, District : Surat for the offences punishable under Sections 323, 325, 504 and 114 of the Indian Penal Code and the proceedings arising out of the said FIR (ii) Criminal Misc. Application No.707 of 2019 under Sections 12, 18 to 23 of the Protection of Domestic Violence Act pending before the learned Judicial Magistrate, First Class, Surat and (iii) C.R. - I No.236 of 2019 registered with the Umra Police Station, District : Surat for the offences punishable under Sections 498(A), 323, 504, 506(2) and 114 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act and the proceedings arising out of the same.
2. Respondent No.2 – complainant – Ms.Sneha Rutviksinh Chauhan is present before the Court and admits the correctness and genuineness of the affidavits filed by her through her learned advocates. Learned advocate Mr.Prerak Oza as well as Ms.Shivani Agarwal identifies respondent No.2 and confirms the correctness and genuineness of the affidavit filed by the complainant. Learned advocate Ms.Agarwal is permitted to file her appearance on behalf of the complainant in one of the matters. Registry to accept the same.
3. Rule. Learned A.P.P. and learned advocate Mr.Oza and Ms.Agarwal waive service of notice of rule for respondent Nos.1 and 2, respectively. Learned APP objects quashment of present proceedings on the premise of settlement.
4. With the consent of learned advocates, present application is taken up for final disposal today.
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 jointly submitted by the learned advocates for the respective parties 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 the affidavits of settlement of dispute duly signed by respondent No.2 – complainant.
7. Now, the dispute with reference to the impugned F.I.R.s as well as impugned Criminal Misc. Application are settled and resolved by and between the parties, which is confirmed by the original complainant through her learned advocates, the trial would be futile and any further continuation of the proceedings would amount to abuse of process of law, keeping in mind that the decision of the Hon’ble Supreme Court of India has held this in case of Gian Singh versus State of Punjab reported in 2012 (10) SCC 303 [LQ/SC/2012/838 ;] . Therefore, the impugned F.I.R. is required to be quashed and set aside.
8. Resultantly, all these applications are allowed. The impugned FIRs being :- (i) C.R.- I No.178 of 2017 registered with the Umra Police Station, District : Surat for the offences punishable under Sections 323, 325, 504 and 114 of the Indian Penal Code and the proceedings arising out of the said FIR, (ii) Criminal Misc. Application No.707 of 2019 under Sections 12, 18 to 23 of the Protection of Domestic Violence Act pending before the learned Judicial Magistrate, First Class, Surat and the orders passed thereon and (iii) C.R. - I No.236 of 2019 registered with the Umra Police Station, District : Surat for the offences punishable under Sections 498(A), 323, 504, 506(2) and 114 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act and all other consequential proceedings / orders arising out of said FIRs as well as out of the said Criminal Misc. Application, are hereby quashed and set aside qua the applicants only.
9. Rule is made absolute to the aforesaid extent in all the matters.
10. Direct service in all the matters is permitted.