NEUTRAL CITATION
R/CR.MA/18152/2019 ORDER DATED: 05/10/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 18152 of 2019
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SUKUMAR PRAFULCHANDRA JOSHI
Versus
STATE OF GUJARAT
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Appearance:
VATSAL R PATEL(9349) for the Applicant(s) No. 1
C J GOGDA(7488) for the Respondent(s) No. 2
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
VIKAS V NAIR(7444) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 05/10/2023
ORAL ORDER
1. When the matter is taken up for hearing learned advocate for the petitioner, Mr.Vatsal Patel, has filed an undertaking which is signed by petitioner - Sukumar Prafulchandra Joshi, partner of RRK Properties and his Identity Proof is also attached along with such undertaking. Such undertaking is taken on record.
2. Learned advocate, Mr.Patel has drawn my attention to the orders passed by this Court as well as co-ordinate Bench in Criminal Miscellaneous Application Nos.3319 of 2019, 18163 of 2017 and 14850 of 2023, which are the matters of co-accused. In these matters, this Court has quashed the proceeding qua the petitioners as the dispute is settled Page 1 of 3 Downloaded on : Fri Oct 06 20:45:38 IST 2023 NEUTRAL CITATION R/CR.MA/18152/2019 ORDER DATED: 05/10/2023 undefined between the parties. He further submitted that in view this, present present proceedings qua the petitioner may also be quashed.
3. On the other hand, Mr.Nair, learned advocate for the complainant submits that in view of the undertaking filed by the petitioner and considering the fact that the proceedings are quashed qua other co-accused, he will not have any objection if the present proceedings are also quashed.
4. Learned APP has submitted that this Court may pass appropriate order, considering the fact and material available on record.
5. Considering the material available on record and the undertaking filed by the petitioner as well as considering the orders in the case of the co-accused, impugned FIR is required to be quashed, as trial would be futile and any further continuation of proceedings would amount to abuse of process of law. In view of the above and in view of the judgment in case of Gian Singh v. State of Punjab & Another, reported in (2012) 10 SCC 303, the impugned FIR is required to be quashed and set aside. Page 2 of 3 Downloaded on : Fri Oct 06 20:45:38 IST 2023
NEUTRAL CITATION R/CR.MA/18152/2019 ORDER DATED: 05/10/2023 undefined
6. Resultantly, present petition is allowed and the impugned FIR being C.R.No.I-87 of 2017 registered with Gotri Police Station, District-Vadodara, and all other consequential proceeding arising therefrom are hereby quashed and set aside so far as present petitioner is concerned. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(SANDEEP N. BHATT,J) R.S. MALEK Page 3 of 3 Downloaded on : Fri Oct 06 20:45:38 IST 2023