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

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

3. 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.I40-2019 registered with Umara Police Station for the offence punishable under Sections 406, 420 and 120(B) of the Indian Penal Code and the subsequent proceedings filed therein.

4. Heard learned advocate, Mr. Nandish Thackar for the applicant, learned APP Mr. Ronak Raval for respondent no.1 and learned advocate, Mr. Digant Popat for respondent no.2. I have also heard the respondent no.2 – complainant viz., Subhash Nagindas Modi through Video Conferencing. Upon making inquiry, the respondent no.2 admits correctness and genuineness of the affidavits filed by him, copy of which is placed on record. Learned advocate, Mr. Popat identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by him.

5. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that after registration of the impugned FIR, 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 – complainant, wherein it is specifically stated that if the FIR and the proceedings filed thereto are quashed and set aside, he has no objection. It is, therefore, urged that this application be allowed.

6. Therefore 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 her 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.

7. Resultantly, this application is allowed. The impugned FIR being C.R.No.I-40-2019 registered with Umara Police Station and all other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicant.

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