Gujarat High Court
Geetaben Hargovindbhai Desai vs State Of Gujarat on 30 July, 2025
NEUTRAL CITATION
R/CR.MA/9309/2013 ORDER DATED: 30/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 9309 of 2013
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GEETABEN HARGOVINDBHAI DESAI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR GAURANG K PATEL(2613) for the Applicant(s) No. 1,2,3
MR ARPIT A KAPADIA(3974) for the Respondent(s) No. 3
MR. TIRTHRAJ PANDYA ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 30/07/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the petitioners have prayed for following reliefs :
"A. This Hon'ble Court, may be pleased, to admit and allow this application;
B. This Hon'ble Court, may be pleased, to quash and set- aside, the FIR registered with Halol Police Station, Dist.:
Panchmahal, being C.R. No. 1- 57/2013, under the provisions of section/s 465, 466, 467, 468, 471, 472, 474, 120(b) & 114 of IPC; on dt. 10/03/2013; (Апnexure - A) and be further pleased to quash and set-aside the further proceedings of the said FIR, qua the applicants;Page 1 of 4 Uploaded by MARY VADAKKAN(HC00204) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 23:06:33 IST 2025
NEUTRAL CITATION R/CR.MA/9309/2013 ORDER DATED: 30/07/2025 undefined C. Pending hearing and final disposal of this application, this Hon'ble Court, may be pleased, to stay the further proceedings /investigation with respect to the offence registered with; with Halol Police Station, Dist.: Panchmahal, being C.R. No. I-57/2013, under the provisions of section/s 465, 466, 467, 468, 471, 472, 474, 120(b) & 114 of IPC; on dt. 10/03/2013; qua the applicants;
D) Any other and further relief/s may kindly be granted in the interest of justice."
2. Heard learned advocate Mr. Gaurang Patel for the applicants, learned advocate Mr. Arpit A.Kapadia for the respondent No.3 and learned APP Mr. Tirthraj Pandya for the respondent No.1 State.
2.1 Rule is served to respondent No.2 but none has remained present.
3. The factual aspects of the case are as under:
3.1 The accused No.1 has executed the sale deed of the disputed parcel of land in favour of the accused No.2 and in furtherance of the transaction to show the disputed parcel of land to accused No. 3 wherein accused No. 4 and 5 played the role of the witness and the sale deed executed between accused No. 2 and 3
4. Learned advocate for the petitioners have placed on Page 2 of 4 Uploaded by MARY VADAKKAN(HC00204) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 23:06:33 IST 2025 NEUTRAL CITATION R/CR.MA/9309/2013 ORDER DATED: 30/07/2025 undefined record the judgment and order passed by the Principal Senior Civil Court, Halol in Special Civil Suit No. 101 of 2013 (old special suit No. 109 of 2012) but the learned Trial Court has decreed the suit of the plaintiff and the sale deed bearing serial No. 2411 of 2011 dated 27.12.2011 executed by Hiteshkumar Natwarlal Shah in favour of Bijalben Rajada has been declared null and void and canceled the sale deed.
5. It is submitted by learned advocates for both the sides that the parties have accepted the judgment and they did not intend to carry forward this judgment to challenge before the Appellate Court. The cascading effect of the judgment and decree passed in Special Civil Suit is that the sale deed executed in favour of accused No. 3 by accused No. 2 ipso facto turned void and therefore became non-est.
6. Learned advocate Mr. Gaurang Patel has placed on record the copy of the judgment delivered by the Principal Senior Civil Court in Special Civil Suit and also the copy of the revenue record of the disputed land which indicates that on 5.5.2017, the complainant Sulochanaben Ashwinbhai Shah sold this property to Trupil Rajendrakumar Patel and Rupil Rajendrakumar Patel by registered sale deed No. 1046 and further selling is also taken placed on 13.2.2020 vide sale deed No. 578.
7. In view of above and the forgoing reasons according to this Court the issue is now settled between the parties and the complainant got the land in her favour and also sold the Page 3 of 4 Uploaded by MARY VADAKKAN(HC00204) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 23:06:33 IST 2025 NEUTRAL CITATION R/CR.MA/9309/2013 ORDER DATED: 30/07/2025 undefined land to some third party. The continuation of the criminal proceedings is of no use and therefore the petition deserves to be allowed in the peculiar facts and circumstances of the case and accordingly it is allowed.
8. The petition is accordingly allowed and the FIR being C.R.No.I-57 of 2013 registered with Halol Police Station, Dist. Panchmahal, as well as all other consequential proceedings arising out of the aforesaid FIR are hereby quashed and set aside. Rule is made absolute
9. This order shall not be treated as precedent in any other proceedings arising from the self same FIR. Direct Service is permitted.
(J. C. DOSHI,J) MARY VADAKKAN Page 4 of 4 Uploaded by MARY VADAKKAN(HC00204) on Wed Jul 30 2025 Downloaded on : Wed Jul 30 23:06:33 IST 2025