Gujarat High Court
Maheshkumar Karshanbhai Senma (Ravat) ... vs State Of Gujarat on 6 February, 2025
NEUTRAL CITATION
R/SCR.A/946/2025 ORDER DATED: 06/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
946 of 2025
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MAHESHKUMAR KARSHANBHAI SENMA (RAVAT) S/O KARSHAN SENMA
& ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS NANCY R SONI(12661) for the Applicant(s) No. 1
MR. ARPIT KACHOLIYA(16396) for the Respondent(s) No. 2
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 06/02/2025
ORAL ORDER
1. Rule returnable forthwith. Learned advocates waive service of notice of Rule for respective respondents.
2. Learned advocate for the petitioners does not press this petition qua petitioner no.3. This petition is disposed of as not pressed qua petitioner no.3.
3. By way of the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, `BNSS'), the applicant/s prays for quashing the FIR being C.R.No.11196016240748 of 2024 registered with Makarpura Police Station, Vadodara city for the offence mentioned therein and further proceedings arising out of the same, if any.
4. Heard learned advocates.
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NEUTRAL CITATION R/SCR.A/946/2025 ORDER DATED: 06/02/2025 undefined
5. Learned advocate for the applicant/s has taken this Court through the factual matrix arising out of the present application.
6. At the outset, it is submitted that the parties have amicably resolved the dispute. In support of such submission made at the bar by the learned advocates appearing for the respective parties, they have placed on record affidavit of settlement duly signed by the complainant. The complainant is present in the Court and on inquiry, confirms the factum of settlement.
7. Since now, the dispute with reference to the impugned FIR is settled and resolved by and between parties, which is confirmed by the original complainant through learned advocate, the 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, Narinder Singh & Ors. Vs. State of Punjab and another reported in 2014(2) Crime 67 (SC) and Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others Vs. State of Gujarat, recorded on Criminal Appeal No.1723 of 2017 dated 4.10.2017, more particularly, paragraph 15 thereof, the impugned FIR is required to be quashed and set aside.
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NEUTRAL CITATION R/SCR.A/946/2025 ORDER DATED: 06/02/2025 undefined
8. Resultantly, this application is allowed. The impugned FIR being C.R.No.11196016240748 of 2024 registered with Makarpura Police Station, Vadodara city for the offences mentioned therein and all other consequential proceedings, if any, arising out of said FIR qua the petitioner nos.1,2 and 4 are hereby quashed and set aside.
9. Rule is made absolute to the aforesaid extent. Direct service is permitted.
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