The High Court of Gujarat quashed an FIR and consequential proceedings on the ground that the dispute had been amicably settled between the parties with the consent of the original complainant.
The impugned FIR (C.R. No.11203025200904 of 2020) and all consequential proceedings are quashed and set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
R/CR.MA/2257/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 2257 of 2021
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RUKHADNATH GULABNATH CHAUHAN
Versus
STATE OF GUJARAT
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Appearance:
MR Y J PATEL(3985) for the Applicant(s) No. 1,2,3,4,5
MR PAWAN A BAROT(6455) for the Respondent(s) No. 2
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
Date : 04/05/2021
ORAL ORDER
Heard learned advocate, Mr. Y.J. Patel for the applicants, learned APP, Mr. Ronak Raval for respondent no.1 – State and learned advocate, Mr. Pawan A. Barot for respondent no.2 – Original Complainant.With the consent of learned advocate for the applicants and learned advocate for respondents, 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 FIR being C.R. No.11203025200904 of 2020 registered with Junagadh Taluka Police Station, District Junagadh, for the offence punishable under Sections 406, 420, 120(B)Page 1 of 3
R/CR.MA/2257/2021 ORDER
and 201 of the Indian Penal Code.
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 – complainant, copy of which is placed on record at Page No.21 of the compilation.Respondent No.2 Nayanbhai Pravinbhai Sojitra Jate Patel is present before this Court through videoconferencing. When inquired, respondent No.2 has submitted that the dispute is settled and, therefore, if the impugned FIR is quashed, he has no objection.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 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.Respondent No.2 shall pay the cost of Rs.5,000/(Rupees Five Thousand only) before the concerned District Legal Services Authority within a period of one month from the date of receipt of this order.Resultantly, this application is allowed. The impugned FIR being C.R. No.11203025200904 of 2020Page 2 of 3
R/CR.MA/2257/2021 ORDER
registered with Junagadh Taluka Police Station,
District Junagadh 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. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.(VIPUL M. PANCHOLI, J)
SRILATHA
Page 3 of 3
1 issue framed by the court
Whether the FIR in the case be quashed and set aside on the ground of settlement of dispute
RUKHADNATH GULABNATH CHAUHAN AND OTHERS
STATE OF GUJARAT
NAYANBHAI PRAVINBHAI SOJITRA JATE PATEL
VIPUL M. PANCHOLI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court