R/SCR.A/8444/2023 ORDER DATED: 06/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION NO.8444 of 2023 (QUASHING) ======================================================= JAIMIN DILIPBHAI SHUKLA & ORS. Versus STATE OF GUJARAT & ANR. ======================================================= Appearance: ROMESH C NIVEN(9064) for the Applicant(s) No. 1,2,3,4 DR ABHISST K THAKER(7010) for the Respondent(s) No. 2 MS MAITHILI MEHTA APP for the Respondent(s) No. 1 ======================================================= CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 06/05/2025 ORAL ORDER 1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today. 2. Rule. Learned advocates appearing for the parties waive service of notice of Rule. 3. By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘Code’), the applicant prays for quashing and setting aside the order dated 30.05.2023 passed by the learned Additional Chief Metropolitan Magistrate, Court No.25, Ahmedabad as also the proceedings being Criminal Complaint R/SCR.A/8444/2023 ORDER DATED: 06/05/2025 No.47907/2023 pending before the court of learned Additional Chief Metropolitan Magistrate Court, Ahmedabad. 4. Heard learned advocates appearing for the parties. I have also heard the respondent no.2 – complainant, who is present before this Court. Learned advocate, Mr. Thaker identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by him. 5. When the matter is called out, learned advocates appearing for the parties have submitted that now the dispute is amicably settled between the parties and, therefore, the respondent no.2 has filed an affidavit before this Court, copy of which is placed on record. Upon making inquiry, the respondent no.2, who is present before this Court, has stated that he has settled the dispute with the present applicant and, therefore, if the impugned proceedings is quashed, he has no objection. 6. Therefore since now, the dispute with reference to the impugned complaint is settled and resolved by and between parties, which is confirmed by the R/SCR.A/8444/2023 ORDER DATED: 06/05/2025 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 present application deserves to be allowed. 7. Resultantly, this application is allowed. The order dated 30.05.2023 passed by the learned Additional Chief Metropolitan Magistrate, Court No.25, Ahmedabad as also the proceedings being Criminal Complaint No.47907/2023 pending before the court of learned Additional Chief Metropolitan Magistrate Court, Ahmedabad and all other consequential proceedings are hereby quashed and set aside. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI, J.) Gautam Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GAUTAM G PATIL(HC00190), Principal Pvt. Secretary, at High Court of Gujarat on 06/05/2025 17:24:59