S.H.Vora, J
1. Draft amendment is allowed. Learned advocate Mr. Shivang Trivedi states that he has instructions to appear for respondent No.2 â€" complainant.
He is permitted to file his Vakalatnama. He has produced affidavit of the complainant, which is ordered to be taken on record.
2. Respondent no.2 â€" complainant is present before the Court and admits correctness and genuineness of the affidavit filed by her through the
learned advocate. Learned advocate Mr.Shivang Trivedi identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by
her.
3. Rule. Learned A.P.P. and learned advocate Mr.Shivang Trivedi 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 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 No.11207079200012 registered with Halol (Rural) Police Station, Panchmahal for the offence punishable
under Sections 377 and 292 of the IPC and under section 67A of the I.T.Amendment Act.
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 respondent No.2 â€
complainant.
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 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.
9. Resultantly, this application is allowed. Impugned F.I.R. being No.11207079200012 registered with Halol (Rural) Police Station, Panchmahal and all
other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicant only. Rule is made absolute to the
aforesaid extent. Direct service is permitted.
