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Judgment
Vipul M. Pancholi, J
Learned advocate Mr. Manish Shah appearing for the respondent No.2 â€" original first informant submits that respondent no.2 viz. Chintan
Dineshbhai Sadhu is present during the course of hearing of this application and he identifies him.
Learned advocate appearing for the applicants referred to the affidavit of the respondent No.2 Â complainant, which is placed on record at page
104 of the compilation and submitted that the matter is amicably settled with the complainant and therefore he has no objection if the complaint is
quashed qua the applicants.
When inquired by this Court, respondent No.2 stated that the matter is amicably settled with the applicants and therefore he has no objection if the
complaint is quashed qua the applicants.
Rule. Learned A.P.P. Mr. L. B. Dabhi and learned advocate Mr. Manish Shah waive service of Rule for respondent Nos.1 and 2 respectively.
Learned APP has objected for quashment of present proceedings on the premise of settlement.
With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today.
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 F.I.R. being C.R.No.11209016200156 registered with Himmatnagar 'A' Division Police Station, for the offence
punishable under Sections 420, 465, 467, 468, 471 and 120(B) of IPC and other consequential proceedings, if any, arising out of the said FIR.
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 an affidavit of settlement of dispute duly signed by the respondent No.2
â€" complainant.
Since now, the dispute with reference to the impugned F.I.R. 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 F.I.R. is required to be quashed and set aside.
Resultantly, this application is allowed. Impugned F.I.R. being C.R.No.11209016200156 registered with Himmatnagar 'A' Division Police Station
and all other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicants. Rule is made absolute to the
aforesaid extent. Direct service is permitted