Sukumar Prafulchandra Joshi vs State Of Gujarat
2023 Latest Caselaw 7364 Guj

                                                                                                      NEUTRAL CITATION




     R/CR.MA/18152/2019                                                ORDER DATED: 05/10/2023

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             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                   FIR/ORDER) NO. 18152 of 2019

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                          SUKUMAR PRAFULCHANDRA JOSHI
                                     Versus
                               STATE OF GUJARAT
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Appearance:
VATSAL R PATEL(9349) for the Applicant(s) No. 1
C J GOGDA(7488) for the Respondent(s) No. 2
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
VIKAS V NAIR(7444) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                        Date : 05/10/2023

                                         ORAL ORDER

1. When the matter is taken up for hearing learned

advocate for the petitioner, Mr.Vatsal Patel, has filed an

undertaking which is signed by petitioner - Sukumar

Prafulchandra Joshi, partner of RRK Properties and his

Identity Proof is also attached along with such undertaking.

Such undertaking is taken on record.

2. Learned advocate, Mr.Patel has drawn my attention to

the orders passed by this Court as well as co-ordinate Bench

in Criminal Miscellaneous Application Nos.3319 of 2019,

18163 of 2017 and 14850 of 2023, which are the matters of

co-accused. In these matters, this Court has quashed the

proceeding qua the petitioners as the dispute is settled

NEUTRAL CITATION

R/CR.MA/18152/2019 ORDER DATED: 05/10/2023

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between the parties. He further submitted that in view this,

present present proceedings qua the petitioner may also be

quashed.

3. On the other hand, Mr.Nair, learned advocate for the

complainant submits that in view of the undertaking filed by

the petitioner and considering the fact that the proceedings

are quashed qua other co-accused, he will not have any

objection if the present proceedings are also quashed.

4. Learned APP has submitted that this Court may pass

appropriate order, considering the fact and material available

on record.

5. Considering the material available on record and the

undertaking filed by the petitioner as well as considering the

orders in the case of the co-accused, impugned FIR is

required to be quashed, as 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 v. State of Punjab &

Another, reported in (2012) 10 SCC 303, the impugned FIR

is required to be quashed and set aside.

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R/CR.MA/18152/2019 ORDER DATED: 05/10/2023

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6. Resultantly, present petition is allowed and the

impugned FIR being C.R.No.I-87 of 2017 registered with Gotri

Police Station, District-Vadodara, and all other consequential

proceeding arising therefrom are hereby quashed and set

aside so far as present petitioner is concerned. Rule is made

absolute to the aforesaid extent. Direct service is permitted.

(SANDEEP N. BHATT,J) R.S. MALEK