Gujarat High Court
Kamrunnisha Mohammad Farooq Kaldaar vs State Of Gujarat on 6 May, 2025
NEUTRAL CITATION
R/SCR.A/11558/2024 ORDER DATED: 06/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO.11558 of 2024
(QUASHING)
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KAMRUNNISHA MOHAMMAD FAROOQ KALDAAR & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
ARMANKHAN A GHASURA for the Applicant(s) No. 1,2,3
HCLS COMMITTEE(4998) for the Respondent(s) No. 2
MR ASHISH MAKWANA for MR DADHICHI L LIMBOLA(10936) for
the Respondent(s) No. 2
MS MAITHILI MEHTA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 06/05/2025
ORAL ORDER
1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today.
2. By way of the present application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short, the 'BNSS'), the applicant prays for quashing and setting aside the FIR being C.R. No.11195006230016/2023 registered with Mahila Police Station, Banaskantha for the alleged offences.
3. Heard learned advocate, Mr. Armankhan Ghasura for the applicant, learned APP Ms. Maithili Mehta for respondent no.1 and learned advocate, Mr. Ashik Makwana for respondent no.2. I have also heard the respondent no.2 - complainant, who is present Page 1 of 3 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue May 06 2025 Downloaded on : Wed May 07 03:29:44 IST 2025 NEUTRAL CITATION R/SCR.A/11558/2024 ORDER DATED: 06/05/2025 undefined before this Court. Learned advocate, Mr. Makwanan identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by him.
4. When the matter is called out, learned advocates appearing for the parties have submitted that now the dispute is amicably settled between the parties and, therefore, the respondent no.2 has filed an affidavit before this Court, copy of which is placed on record. Upon making inquiry, the respondent no.2, who is present before this Court, has stated that he has settled the dispute with the present applicant and, therefore, if the impugned FIR is quashed, he has no objection.
5. Therefore 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 her 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 Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Narinder Singh & Ors. Vs. State of Punjab & Anr., reported in 2014(2) Crime 67 (SC) and Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Ors. Vs. State of Gujarat, recorded on Criminal Appeal No.1723 of 2017 dated 04.10.2017, more particularly, paragraph 15 thereof, the impugned FIR is required to be quashed and set aside.
Page 2 of 3 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue May 06 2025 Downloaded on : Wed May 07 03:29:44 IST 2025NEUTRAL CITATION R/SCR.A/11558/2024 ORDER DATED: 06/05/2025 undefined
6. Resultantly, this application is allowed. The impugned FIR being C.R. No.11195006230016/2023 registered with Mahila Police Station, Banaskantha and all other consequential proceedings arising out of said FIR are hereby quashed and set aside.
7. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(DIVYESH A. JOSHI, J.) Gautam Page 3 of 3 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Tue May 06 2025 Downloaded on : Wed May 07 03:29:44 IST 2025