Gujarat High Court
Bhartiben Bhupatbhai Kotak vs State Of Gujarat on 7 May, 2025
NEUTRAL CITATION
R/SCR.A/5998/2025 ORDER DATED: 07/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO.5998 of 2025
(QUASHING)
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BHARTIBEN BHUPATBHAI KOTAK & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HARDIK D MUCHHALA(5634) for the Applicant(s) No. 1,2
MS HETVI H SANCHETI(5618) for the Respondent(s) No. 2
MR MANAN MEHTA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 07/05/2025
ORAL ORDER
1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today.
2. Rule. Learned advocates appearing for the parties waive service of notice of Rule.
3. 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.11191007240318/2024 registered with Bapunagar Police Station, Ahmedabad for the alleged offences.
4. Heard learned advocates appearing for the respective parties. I have also heard the respondent no.2 - complainant, who is present before this Court through Video Conferencing.
Page 1 of 3 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Thu May 08 2025 Downloaded on : Fri May 09 03:26:50 IST 2025NEUTRAL CITATION R/SCR.A/5998/2025 ORDER DATED: 07/05/2025 undefined Learned advocate, Ms. Sancheti identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by him.
5. 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 at Page No.24. 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.
6. 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 Thu May 08 2025 Downloaded on : Fri May 09 03:26:50 IST 2025NEUTRAL CITATION R/SCR.A/5998/2025 ORDER DATED: 07/05/2025 undefined
7. Resultantly, this application is allowed. The impugned FIR being C.R. No.11191007240318/2024 registered with Bapunagar Police Station, Ahmedabad and all other consequential proceedings arising out of said FIR are hereby quashed and set aside.
8. 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 Thu May 08 2025 Downloaded on : Fri May 09 03:26:50 IST 2025