Gujarat High Court
Jesha Virabhai Bharwad vs State Of Gujarat on 30 January, 2025
NEUTRAL CITATION
R/CR.MA/1468/2025 ORDER DATED: 30/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 1468
of 2025
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JESHA VIRABHAI BHARWAD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR. NEEL S JOGRANA(14204) for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 30/01/2025
ORAL ORDER
1. Rule returnable forthwith. Learned advocates waive service of notice of Rule for respective respondents.
2. 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 FIR being C.R.No.I-87 of 2013 registered with Sayla Police Station, Surendranagar for the offence mentioned therein, and further proceedings arising out of the same, if any.
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 Page 1 of 3 Uploaded by U. SRILATHA(HC00185) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 23:27:41 IST 2025 NEUTRAL CITATION R/CR.MA/1468/2025 ORDER DATED: 30/01/2025 undefined 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 son of the complainant was present before the Court as the complainant has expired and the factum of settlement was ascertained and his presence was dispensed with.
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 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.I-87 of 2013 registered with Sayla Page 2 of 3 Uploaded by U. SRILATHA(HC00185) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 23:27:41 IST 2025 NEUTRAL CITATION R/CR.MA/1468/2025 ORDER DATED: 30/01/2025 undefined Police Station, Surendranagar for the offences mentioned therein and all other consequential proceedings, if any, arising out of said FIR qua the applicant/s are hereby quashed and set aside.
8. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(SANDEEP N. BHATT,J) SRILATHA Page 3 of 3 Uploaded by U. SRILATHA(HC00185) on Thu Jan 30 2025 Downloaded on : Thu Jan 30 23:27:41 IST 2025