Gujarat High Court
Firozbhai Noormohmedbhai Vora vs State Of Gujarat on 7 May, 2025
NEUTRAL CITATION
R/CR.MA/9320/2025 ORDER DATED: 07/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 9320 of 2025
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FIROZBHAI NOORMOHMEDBHAI VORA & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. ANAS I BHOHARIA(16277) for the Applicant(s) No. 1,2
MR. SOEB R. BHOHARIA(2205) for the Applicant(s) No. 1,2
MR. MANAN MAHETA, LD.ADDL.PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 07/05/2025
ORAL ORDER
1. Rule returnable forthwith. Mr. Maheta, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. V.M. Pathan, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.
2. By this application under section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, the petitioners seek to invoke the inherent powers of this court, praying for quashing of the first information report being C.R. No.11191028240357/2024 lodged before the Vejalpur Police Station, Ahmedabad of the offence punishable under sections 323, 324 read with section 114 of the Indian Penal Code and Section 135(1) of the G.P. Act on the ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer desirous of prosecuting the first Page 1 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed May 07 2025 Downloaded on : Thu May 08 03:56:00 IST 2025 NEUTRAL CITATION R/CR.MA/9320/2025 ORDER DATED: 07/05/2025 undefined information report further. The respondent No.2-Firoz Husen Mohamed Husen Shaikh is personally present and he confirms about the settlement arrived at with the accused persons. The respondent No.2- Firoz Husen Mohamed Husen Shaikh is identified by his learned advocate Mr. V.M. Pathan. Firoz Husen Mohamed Husen Shaikh has also filed an affidavit, inter alia, stating as under:
"I, the undersigned namely FIROZ HUSEN MOHMED HUSEN SHAIKH Aged About:38, R/o. H.No. C/19, Javed Park, Vibhag-2, Opp. Prachina Society, Juhapura, Ahmedabad City, do hereby solemnly affirm and state as follow:
1. I say and submit that being an original complainant, I am filing this affidavit for bringing fact of compromise into notice of this Hon'ble High Court and I crave leave to file further detail affidavit in reply as and when necessary.
2.. That I am an original complainant of an F.I.R.
registered with Vejalpur Police Station, Dist: Ahmedabad Vide C.R.No.11191028240357/2024 for the offence punishable u/s. 323, 324, 114 of the IPC and u/s. 135(1) Of the G.P.Act against present petitioners.
3.. It is submitted that the dispute which is the subject matter of the FIR is now settled between us and it is resolved and now there would be no any dispute between us.
4. Thereafter, we have entered into compromise and further said compromise is permitted under law and there are landmark judgments of the Hon'ble Supreme Courts in which criminal proceedings were quashed and set aside in case of compromise has taken place.
5. I say and submit that I as well as injured namely Shahbaz Nasirkhan Ganikhan Pathan do not have any objection in case of this Hon'ble High Court please to Page 2 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed May 07 2025 Downloaded on : Thu May 08 03:56:00 IST 2025 NEUTRAL CITATION R/CR.MA/9320/2025 ORDER DATED: 07/05/2025 undefined quashed and set aside complaint and its proceedings against the present petitioners.
6. I say and submit that what is stated herein above is true to the best of my knowledge and information and further I have executed present affidavit without having any influence or threat or undue coercion and further said affidavit is executed by me having free consent.
What is sated hereinabove is the truth to best of my information, belief and personal knowledge and I believe the same to be the true and correct.
Solemnly affirmed at Ahmedabad on this on this 7th day of May' 2025."
3. Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report.
4. In the result, this application is allowed. The first information report being C.R.No.11191028240357/2024 lodged before the Vejalpur Police Station, Ahmedabad is hereby ordered to be quashed. All consequential proceedings arising from the same also stands terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. V.M. Pathan, the learned advocate appearing on behalf of the respondent No.2.
Direct service is permitted.
(DIVYESH A. JOSHI,J) VAHID Page 3 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Wed May 07 2025 Downloaded on : Thu May 08 03:56:00 IST 2025