Jayeshbhai Pravinbhai Parmar vs State Of Gujarat
2023 Latest Caselaw 5452 Guj

     R/CR.MA/5859/2021                                ORDER DATED: 12/07/2023




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/CRIMINAL MISC.APPLICATION NO. 5859 of 2021

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                         JAYESHBHAI PRAVINBHAI PARMAR
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR LAXMANSINH M ZALA(5787) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MR SOAHAM JOSHI, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                  Date : 12/07/2023

                                   ORAL ORDER

1. Learned advocate Mr.Jimit Shah submits that he

has received instructions to appear for respondent

no.2. He is permitted to file vakalatnama in the

Registry in two days. Registry to accept the same.

2. With the consent of learned advocates appearing for

the parties, present application is taken up for final

disposal today.

3. Rule. Learned advocates waive service of notice of

Rule for respective respondents.

4. By way of the present application under Section

482 of the Code of Criminal Procedure, 1973 (for

short, the 'Code'), the applicant/s prays for quashing

the FIR being C.R.No.11211030210039 of 2021

R/CR.MA/5859/2021 ORDER DATED: 12/07/2023

registered with Lakhtar Police Station,

Surendranagar for the offence punishable under

Sections 395, 397 and 403 of the Indian Penal Code

and Section 3(2)(v) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities)

Amendment Act and Section 135 of the Gujarat

Police Act.

5. Heard learned advocates.

6. Learned advocate for the applicant/s has taken this

Court through the factual matrix arising out of the

present application.

7. At the outset, it is submitted that the parties have

amicably resolved the dispute. In support of such

submission made at the bar by the learned advocates appearing for the respective parties, they

have placed on record affidavit of settlement duly

signed by the complainant and the victims, which

are taken on record. The complainant-Pintubhai S/o

Ratilal Damjibhai Chauhan (Pakhali) and victims-

Naresh @ Kano Rameshbhai Lalukiya and Paras @

Sultan Girdharbhai Vaghela are present and they

have confirmed the factum of settlement and that

they have no objection if the FIR is quashed.

R/CR.MA/5859/2021 ORDER DATED: 12/07/2023

8. 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 and victims, 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 the case of

Gian Singh v. State of Punjab & Another, reported in (2012) 10 SCC 303, the impugned FIR is

required to be quashed and set aside.

9. Resultantly, this application is allowed. The

impugned FIR being C.R.No.11211030210039 of 2021

registered with Lakhtar Police Station,

Surendranagar and all other consequential proceedings, if any, arising out of said FIR qua the

applicant/s are hereby quashed and set aside.

10. Rule is made absolute to the aforesaid extent.

Direct service is permitted.

(SANDEEP N. BHATT,J) SRILATHA