Gujarat High Court
Mehul Rajeshbhai Dumatar vs State Of Gujarat on 2 May, 2025
NEUTRAL CITATION
R/SCR.A/5377/2025 ORDER DATED: 02/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5377 of 2025
(FOR CONSENT QUASHING)
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MEHUL RAJESHBHAI DUMATAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
M S PADALIYA(7406) for the Applicant(s) No. 1
MS SHRUTI PATHAK APP for the Respondent(s) No. 1
MS DEVANSHI KAKKAD for the Respondent No.2
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 02/05/2025
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.11208003250107/2025 registered with Gandhigram - 2 (University) Police Station, Rajkot City for the offence punishable under Section Page 1 of 4 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri May 02 2025 Downloaded on : Sat May 03 17:43:23 IST 2025 NEUTRAL CITATION R/SCR.A/5377/2025 ORDER DATED: 02/05/2025 undefined 351(3) of BNS, 2023.
4. Heard learned advocates appearing for the parties.
I have also heard the respondent no.2 - complainant, who is present before this Court. Learned advocate, Ms. Kakkad for the respondent no.2 has identified 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.13. It is also stated that there is no antecedent reported against the applicant. 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 Page 2 of 4 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri May 02 2025 Downloaded on : Sat May 03 17:43:23 IST 2025 NEUTRAL CITATION R/SCR.A/5377/2025 ORDER DATED: 02/05/2025 undefined 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.
7. Resultantly, this application is allowed. The impugned FIR being C.R.No.11208003250107/2025 registered with Gandhigram - 2 (University) Police Station, Rajkot City 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.) Page 3 of 4 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri May 02 2025 Downloaded on : Sat May 03 17:43:23 IST 2025 NEUTRAL CITATION R/SCR.A/5377/2025 ORDER DATED: 02/05/2025 undefined Gautam Page 4 of 4 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Fri May 02 2025 Downloaded on : Sat May 03 17:43:23 IST 2025