Gujarat High Court
Devanand Athnol End Alide Products Llp vs State Of Gujarat on 16 January, 2025
NEUTRAL CITATION
R/SCR.A/529/2025 ORDER DATED: 16/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
529 of 2025
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DEVANAND ATHNOL END ALIDE PRODUCTS LLP & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1,2
MS CHETNA M. SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 16/01/2025
ORAL ORDER
1. Learned advocate Mr. Shreyang Vayeda states that he has instructions to appear for respondent-complainant. He is permitted to file his Vakalatnama in the Registry within two days and the Registry shall accept the same. He has produced affidavit of the complainant, which is ordered to be taken on record.
2. Learned advocate for the complainant has cited the affidavit of the complainant, which is already taken on record. Respondent-complainant is present before the Court and admits correctness and genuineness of the affidavit filed by him through his learned advocate. Learned advocate identifies respondent- complainant and confirms correctness and genuineness of the affidavit filed by him.
3. Rule returnable forthwith. Learned A.P.P. and learned advocate Mr. Shreyang Vayada waive service of Rule for Page 1 of 3 Uploaded by SALIM(HC01108) on Sat Jan 18 2025 Downloaded on : Mon Jan 20 21:32:07 IST 2025 NEUTRAL CITATION R/SCR.A/529/2025 ORDER DATED: 16/01/2025 undefined 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/s prays for quashing the impugned judgment and order dated 19.12.2024 passed in Criminal Case No. 35282 of 2019 by the learned 19th Additional Chief Judicial Magistrate, Vadodara for the offences mentioned therein and further proceedings arising out of the same, if any.
6. Heard learned advocates. Learned advocate for the applicants 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-complainant.
8. Since now, the dispute with reference to the impugned F.I.R. is settled and resolved by and between parties which is Page 2 of 3 Uploaded by SALIM(HC01108) on Sat Jan 18 2025 Downloaded on : Mon Jan 20 21:32:07 IST 2025 NEUTRAL CITATION R/SCR.A/529/2025 ORDER DATED: 16/01/2025 undefined confirmed by the original complainant through his learned advocate, in view of the decision 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 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 judgment and order dated 19.12.2024 passed in Criminal Case No. 35282 of 2019 by the learned 19th Additional Chief Judicial Magistrate, Vadodara for the offences mentioned therein and all other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicant/s only.
10. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(SANDEEP N. BHATT,J) SALIM/ Page 3 of 3 Uploaded by SALIM(HC01108) on Sat Jan 18 2025 Downloaded on : Mon Jan 20 21:32:07 IST 2025