Back
2019 Supreme(Online)(Guj) 10568
HIGH COURT OF GUJARAT
S.H. Vora, J
PRAVINBHAI VAJUBHAI PATEL – Appellant
Versus
STATE OF GUJARAT – Respondent
R/CRIMINAL MISC.APPLICATION NO. 20276 of 2019
For the Appellants/Petitioners: DHRUVIK K PATEL
For the Respondents: MR PRANAV TRIVEDI APP, MANDIPSINGH SALUJA
The court affirmed that settled disputes between parties warrant quashing of FIRs to prevent abuse of process.
Headnote:The case revolves around an application under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash an FIR registered for offenses under IPC sections. The Court confirmed that the parties reached an amicable resolution, leading to a determination that further proceedings would be an abuse of process. The Court ultimately allowed the application, quashing the FIR and all consequential proceedings.
| Table of Content |
|---|
| 1. parties introduces their counsel and establish respondent's presence. (Para 1 , 2 , 3 , 4) |
| 2. petitioner presents the basis for quashing the fir. (Para 5 , 6 , 7) |
| 3. court observes settled disputes prevent abuse of law. (Para 8) |
| 4. court's decision to quash fir is final. (Para 9) |
ORDER
1. Learned advocate Mr.Mandipsingh Saluja states at bar that he has instructions to appear for power-of-attorney holder of respondent No.2 – complainant i.e. Mr.Satinder Singh Ajeet Singh Samra and seeks permission to file appearance. Permission is accordingly granted.
2. Learned advocate Mr.Mandipsingh Saluja confirms identity of said Mr.Satinder Singh Ajeet Singh Samra, who is present before the Court and admits genuineness and correctness of affidavit filed through learned advocate Mr.Saluja which is ordered to be taken on record.
3. Rule. Learned A.P.P. and learned advocate Mr.Mandipsingh Saluja waive service of Rule for respondent Nos.1 and 2 respectively. The learned A.P.P. objects quashment of the present proceedings on the premise of settlement.
4. With the consent of learned advocate for the applicant and learned advocate for respondents, present application is taken up for final disposal today.
5. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘Code’), the applicant pray for quashing and setting aside the F.I.R. being C.R.No.I-47 of 2018 registered with Sagbara police station, Narmada for the offence punishable under Sections 406, 407, 420, 114 and 120B of the Indian Penal Code.
6. Learned advocate for the applicant 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 duly signed by the power-of-attorney holder of 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 power-of-attorney holder of 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-47 of 2018 registered with Sagbara police station, Narmada as well as all other consequential proceedings arising therefrom, if any, against the present applicant are hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(S.H.VORA, J) Hitesh
