Gujarat High Court
Hemant Jairaj Singh Shekhawat vs State Of Gujarat on 9 May, 2025
NEUTRAL CITATION
R/CR.MA/9756/2025 ORDER DATED: 09/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 9756 of 2025
(FOR CONSENT QUASHING)
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HEMANT JAIRAJ SINGH SHEKHAWAT
Versus
STATE OF GUJARAT & ANR.
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Appearance:
GAURAV K LAKHWANI(9520) for the Applicant(s) No. 1
NILESH P UDERNANI(9050) for the Applicant(s) No. 1
MS ASMITA PATEL APP for the Respondent(s) No. 1
MR DHAIRYA PATEL for the Respondent No.2
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 09/05/2025
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.I-31/2015 registered with Bopal Police Station, Ahmedabad for the alleged offence and subsequent proceedings pursuant to filing of the chargesheet.
Page 1 of 3 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri May 09 2025 Downloaded on : Sat May 10 20:35:58 IST 2025NEUTRAL CITATION R/CR.MA/9756/2025 ORDER DATED: 09/05/2025 undefined
4. Heard learned advocate, Mr. Gaurav Lakhwani for the applicant, learned APP Ms. Asmita Patel for respondent no.1 and learned advocate, Mr. Dhairya Patel for respondent no.2, who is permitted to file his Vakalatnama in the Registry. I have also heard the respondent no.2 - complainant, who is present before this Court. Learned advocate, Mr. Patel identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by her.
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.29. Upon making inquiry, the respondent no.2, who is present before this Court, has stated that she has settled the dispute with the present applicant and, therefore, if the impugned FIR is quashed, she 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 Page 2 of 3 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri May 09 2025 Downloaded on : Sat May 10 20:35:58 IST 2025 NEUTRAL CITATION R/CR.MA/9756/2025 ORDER DATED: 09/05/2025 undefined 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.
7. Resultantly, this application is allowed. The impugned FIR being C.R. No.I-31/2015 registered with Bopal 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 Fri May 09 2025 Downloaded on : Sat May 10 20:35:58 IST 2025