Gujarat High Court
Keyurbhai Popatbhai Sutariya ... vs State Of Gujarat on 6 November, 2025
NEUTRAL CITATION
R/SCR.A/8264/2018 ORDER DATED: 06/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8264 of 2018
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KEYURBHAI POPATBHAI SUTARIYA (DISPOSED OF AS WITHDRAWN AS
PER O.D. 26.09.2018) & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
PETITION/APPEAL WITHDRAWN/DISMISSED for the Applicant(s) No. 1,2,3
TATVDEEP J JANI(7227) for the Applicant(s) No. 4
NOTICE SERVED for the Respondent(s) No. 2
MR. HIMANSHU K. PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 06/11/2025
ORAL ORDER
1. The present petition has been filed by the petitioners under Article 226 of Constitution of India read with Section 482 of the Code of Criminal Procedure praying quashing of the FIR being CR. No.II-1 of 2017 registered before the Bhavnagar Mahila Police Station, Bhavnagar.
2. At the outset, it is required to be noted that vide Order dated 26.09.2018, the petitioner Nos.1, 2 and 3 were allowed to withdraw the present application qua them. The present petition is pending only qua petitioner No.4.
3. Learned Advocate appearing for the petitioner No.4 submitted that the other co-accused have faced the trial and the trial has culminated into their acquittal as the matter had been amicably settled. He also produces a copy of judgment of the Trial Court which is ordered to be taken on record. He, therefore, submitted to allow the present application and quash and set aside Page 1 of 2 Uploaded by RAVI SATISHKUMAR OZA(HCW0111) on Fri Nov 07 2025 Downloaded on : Sat Nov 08 02:58:12 IST 2025 NEUTRAL CITATION R/SCR.A/8264/2018 ORDER DATED: 06/11/2025 undefined the present FIR qua the petitioner No.4.
4. Learned APP has opposed the present application contending that the Investigating Officer has recorded the statements of relatives of the first informant who in their statements categorically stated that the first informant was subjected to continuous physical and mental torture at the hands of all the accused including petitioner No.4. He, therefore, submitted to dismiss the present application.
5. Heard learned Advocates for the parties. From the record, it appears that the present FIR has been lodged by the first informant who happens to be the sister-in-law of petitioner No.4. During the pendency of the present petition, the trial qua the other co-accused has culminated into their acquittal. On perusal of the judgment of the concerned Trial Court, it appears that the first informant herself has turned hostile during the course of trial because of the settlement arisen between the parties. Having regard to these aspects, the present application deserves consideration. The FIR being CR. No.II-1 of 2017 registered before the Bhavnagar Mahila Police Station, Bhavnagar and all the other ancillary proceedings are ordered to be quashed and set aside.
(M. R. MENGDEY,J) RAVI OZA Page 2 of 2 Uploaded by RAVI SATISHKUMAR OZA(HCW0111) on Fri Nov 07 2025 Downloaded on : Sat Nov 08 02:58:12 IST 2025