Gujarat High Court
Nikulsinh Lavusinh Dabhi vs State Of Gujarat on 29 January, 2025
NEUTRAL CITATION
R/SCR.A/16478/2024 ORDER DATED: 29/01/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 16478 of 2024
==========================================================
NIKULSINH LAVUSINH DABHI & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1,2,3,4
MS DIMPLE A DHAMANI(12061) for the Applicant(s) No. 1,2,3,4
ANAND S TAILOR(9021) for the Respondent(s) No. 2
MR. VINAY VISHEN, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 29/01/2025
ORAL ORDER
1. Rule returnable forthwith. Learned advocates waive service of notice of Rule for respective respondents. The affidavit of the respondent No.2 is produced, the same is taken on record.
2. By way of the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, `BNSS'), the applicants pray for quashing the FIR being C.R.No.11195061220404 of 2022 registered with Dantiwada Police Station, Banaskantha, for the offence mentioned therein and further proceedings arising out of the same, if any.
Page 1 of 3 Uploaded by SLOCK BAROT(HC01781) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:50:18 IST 2025
NEUTRAL CITATION R/SCR.A/16478/2024 ORDER DATED: 29/01/2025 undefined
3. Heard learned advocates.
4. Learned advocate for the applicant/s has taken this Court through the factual matrix arising out of the present application.
5. 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.
6. 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 Page 2 of 3 Uploaded by SLOCK BAROT(HC01781) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:50:18 IST 2025 NEUTRAL CITATION R/SCR.A/16478/2024 ORDER DATED: 29/01/2025 undefined No.1723 of 2017 dated 4.10.2017, more particularly, paragraph 15 thereof, the impugned FIR is required to be quashed and set aside.
7. Resultantly, this application is allowed. The impugned FIR being C.R.No.11195061220404 of 2022 registered with Dantiwada Police Station, Banaskantha, for the offences mentioned therein and all other consequential proceedings, if any, arising out of said FIR qua the applicants only are hereby quashed and set aside.
8. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(SANDEEP N. BHATT,J) SLOCK BAROT Page 3 of 3 Uploaded by SLOCK BAROT(HC01781) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 22:50:18 IST 2025