Gujarat High Court
Faisal Khan Asif Khan Pathan(Deleted) vs State Of Gujarat on 8 July, 2025
NEUTRAL CITATION
R/CR.MA/4646/2020 ORDER DATED: 08/07/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 4646 of 2020
==========================================================
FAISAL KHAN ASIF KHAN PATHAN(Deleted) & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
DELETED for the Applicant(s) No. 1,2,3
DHRUV TOLIYA(9249) for the Applicant(s) No. 4,5,6
MR HB CHAMPAVAT(6149) for the Respondent(s) No. 2
MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 08/07/2025
ORAL ORDER
Vide order dated 3.3.2020, Learned advocate for the petitioners had not pressed the petition qua petitioner Nos.1 to 3. When the matter is called out, learned advocate Mr. Champavat for the respondent No.2 is absent.
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 quashing and setting aside FIR being C.R.No.I - 438 of 2019 registered with Limbayat Police Station, for the offences punishable under Sections 498(A), 323, 504, 506(2), 114 of the IPC and u/s 3, 5 and 7 of the Dowry Act as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein.
Page 1 of 2 Uploaded by SHEKHAR P. BARVE(HC00200) on Tue Jul 08 2025 Downloaded on : Wed Jul 09 00:01:12 IST 2025NEUTRAL CITATION R/CR.MA/4646/2020 ORDER DATED: 08/07/2025 undefined
2. During the course of arguments, Learned advocate for the petitioners has placed on record judgment and order dated 26.7.2021 passed by the learned JMFC, Surat in Criminal Case No.15725 of 2020, whereby the learned trial Court acquitted the petitioners accused on the ground that compromise is arrived at between the parties. In para 5 of the impugned judgment and order, the learned trial Court has specifically observed that the prosecution has examined only one witness i.e. the complainant and it is mentioned in the complaint that normal scuffle took place. The learned trial Court also observed that considering the deposition of the complainant and closing pursis, it appears that the parties have amicably settled the dispute out of the Court and that the prosection witnesses has not led any evidence against the accused. The learned trial Court also observed that except the complainant, no one is victim in the incident. Copy of said judgment and order is taken on record. Thus, considering the observation made by the learned trial Court in para 5 of the impugned judgment and order, allowing the petitioners to face trial would be absurd process.
3. In the result, the application is allowed. The proceedings of FIR being C.R.No.I - 438 of 2019 registered with Limbayat Police Station as well as all other consequential proceedings arising out of the aforesaid FIR qua the petitioners herein are hereby quashed and set aside.
(J. C. DOSHI,J) SHEKHAR P. BARVE Page 2 of 2 Uploaded by SHEKHAR P. BARVE(HC00200) on Tue Jul 08 2025 Downloaded on : Wed Jul 09 00:01:12 IST 2025