Section 498a IPC FIR Quash with Section 482

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION NO. 5766 of 2018

MOHD. MUBBASSIR SHEIKH BASHIR 3 other(s)
Versus
STATE OF GUJARAT

Appearance:
MR JEET J BHATT(6154) for the Applicant(s) No. 1,2,3,4
NIGAM D SONI(9314) for the Applicant(s) No. 1
MR P P MAJMUDAR(5284) for the Respondent(s) No. 2
MR PRANAV TRIVEDI, ADDL. PUBLIC PROSECUTOR(2) for the
Respondent(s) No. 1

CORAM: HONOURABLE MR.JUSTICE S.H.VORA

Date : 29/11/2019

ORAL ORDER

[1] Learned advocate Mr. P.P. Majmudar, states that he has instructions to appear for respondent No.2 – complainant. Learned advocate for respondent complainant is permitted to file appearance.

[2] Learned advocate Mr. P.P. Majmudar confirms identity of respondent No.2 – original complainant, who is present in the Court and admits correctness and genuineness of the affidavit and the terms of compromise filed by the complainant through learned advocate Mr. P.P. Majmudar, which is produced before this Court and the same are ordered to be taken on record.

[3] Rule. Learned A.P.P. and learned advocate Mr. P.P. Majmudar waive service 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 advocate for the applicants and learned advocate for the respondents, present application is taken up for final disposal today. The parties are present before the Court along with their respective learned advocates.

[5] 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.I-3 of 2018 registered with Vadodara City Mahila Police Station for the offence punishable under Sections 498A, 323, 504, 506(2), 114 of the Indian Penal Code and u/s 3 and 7 of the Dowry Prohibition Act.

[6] Learned advocate for the applicants has taken this Court through the factual matrix arising out of the present application.

[7] 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 and terms of settlement duly signed by the respondent No.2 – original complainant, who is present before the Court.

[8] 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 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.

[9] Resultantly, this application is allowed. Impugned F.I.R. being C.R.No.I-3 of 2018 registered with Vadodara City Mahila Police Station and all other consequential proceedings arising out of the impugned FIR against the present applicants is hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct service is permitted.

(S.H.VORA, J)
SHEKHAR P. BARVE

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