NEUTRAL CITATION
R/CR.MA/8617/2021 ORDER DATED: 25/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8617 of 2021
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SAVITA DHAVAL PARIKH
Versus
STATE OF GUJARAT
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Appearance:
ARJUN R SHETH(7589) for the Applicant(s) No. 1
MR HARDIK H PANDIT(5820) for the Respondent(s) No. 2
MR. DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 25/09/2023
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for and on behalf of the respondent-State and learned advocate Mr. Hardik Pandit waives service of notice of rule for and on behalf of the respondent - original complainant.
2. 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 F.I.R. being C.R.No.11191036200585 of 2020 registered with Navrangpura Police Station, District Ahmedabad City.
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NEUTRAL CITATION R/CR.MA/8617/2021 ORDER DATED: 25/09/2023 undefined
3. Pursuant to the order dated 14.10.2020, learned APP has submitted that the present applicant is not made an accused in the offence and accordingly, a report under Section 164 of the Code of Criminal Procedure, 1973 is filed before the concerned court. He has also submitted that the name of the present applicant is also deleted from the charge-sheet.
4. Learned advocate Mr. Hardik Pandit has vehemently opposed the present application and submitted that in fact no report is filed by the Investigating officer and no summons is served to the complainant.
5. The aforesaid objection raised by the learned advocate Mr. Hardik Pandit deserves to be rejected in light of the submissions made by the learned APP.
6. By the order dated 31.07.2020 passed in Criminal Misc. Application No.10491 of 2020, this Court has quashed the impugned FIR in the case of co-accused on the ground of settlement. Thereafter, the Co-ordinate Bench of this Court has also allowed the application of co-accused in Criminal Misc. Application No.11814 of Page 2 of 4 Downloaded on : Wed Sep 27 20:40:40 IST 2023 NEUTRAL CITATION R/CR.MA/8617/2021 ORDER DATED: 25/09/2023 undefined 2020. Though the learned advocate for the complainant has objected in the present application, by relying the judgment of the Hon'ble Apex Court in the case of Dilbag Rai versus State of Haryana versus State of Haryana reported in 2019 (16) SCC 736 and the decision of this Court in the case of Tejas S/o Rajendraprasad Fudnawala versus State of Gujarat reported in 2021 (4) GLH 116, considering the fact that settlement has been arrived at earlier between the parties, no fruitful purpose would be served in continuing the proceeding.
7. Under the circumstances, nothing is found from the present applicant and he has not been arraigned as an accused, the present application deserves to be allowed.
8. Resultantly, this application is allowed. Rule is made absolute. The impugned F.I.R. being C.R.No.11191036200585 of 2020 registered with Navrangpura Police Station, District Ahmedabad and all other consequential proceedings arising out of said FIR, are hereby quashed and set aside qua the applicant only.
9. Registry is directed to intimate the concerned the Page 3 of 4 Downloaded on : Wed Sep 27 20:40:40 IST 2023 NEUTRAL CITATION R/CR.MA/8617/2021 ORDER DATED: 25/09/2023 undefined concerned Court about the present order by sending a copy of this order through Fax message, email and/or any other suitable electronic mode.
Direct service is permitted.
(SANDEEP N. BHATT,J) DIWAKAR SHUKLA Page 4 of 4 Downloaded on : Wed Sep 27 20:40:40 IST 2023