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Judgment
Vipul M. Pancholi, J
With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today.
Rule. Learned APP Mr. L.B. Dabhi for respondent no.1 and learned advocate, Mr. Dinesh Prajapati for respondent no.2 waive service of notice of
Rule.
By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘Code’), the applicant prays for
quashing and setting aside the FIR being C.R.No.I-11/2015 registered with Kanabha Police Station, Ahmedabad Rural for the offence punishable
under Sections 363, 366 376 and 114 of the Indian Penal Code and under Sections 3, 4 and 6 of the POCSO Act.
Heard learned advocate, Mr. Anvesh Vyas for the applicant, learned APP Mr. Dabhi for respondent no.1 and learned advocate, Mr. Dinesh
Prajapati for respondent no.2, who is permitted to file his Vakalatnama in the Registry. I have also heard the respondent no.2 â€" complainant through
Video Conferencing and upon making inquiry, the respondent no.2 admits correctness and genuineness of the affidavit-cum-declaration and affidavit,
copies of which are placed on record at Page Nos.23 and 25 respectively. Learned advocate, Mr. Adhyaru identifies respondent no.2 and confirms
correctness and genuineness of the affidavit filed by her.
Learned advocate for the applicants has taken this Court through the factual matrix arising out of the present application.
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 â€
complainant.
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.
Resultantly, this application is allowed. The impugned FIR being C.R.No.I-11/2015 registered with Kanabha Police Station, Ahmedabad Rural and
all other consequential proceedings arising out of said FIR are hereby quashed and set aside.
Rule is made absolute to the aforesaid extent. Direct service is permitted.