Gujarat High Court
Savita Dhaval Parikh vs State Of Gujarat on 25 September, 2023
Bench: Sandeep N. Bhatt
NEUTRAL CITATION
R/CR.MA/8617/2021 ORDER DATED: 25/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8617 of 2021
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SAVITA DHAVAL PARIKH
Versus
STATE OF GUJARAT
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Appearance:
ARJUN R SHETH(7589) for the Applicant(s) No. 1
MR HARDIK H PANDIT(5820) for the Respondent(s) No. 2
MR. DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 25/09/2023
ORAL ORDER
1. Rule. Learned APP waives service of notice of rule for
and on behalf of the respondent-State and learned
advocate Mr. Hardik Pandit waives service of notice of
rule for and on behalf of the respondent - original
complainant.
2. By way of the present application under Section 482
of the Code of Criminal Procedure, 1973 (for short, the
'Code'), the applicant prays for quashing and setting
aside the F.I.R. being C.R.No.11191036200585 of 2020
registered with Navrangpura Police Station, District
Ahmedabad City.
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R/CR.MA/8617/2021 ORDER DATED: 25/09/2023
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3. Pursuant to the order dated 14.10.2020, learned APP
has submitted that the present applicant is not made an
accused in the offence and accordingly, a report under
Section 164 of the Code of Criminal Procedure, 1973 is
filed before the concerned court. He has also submitted
that the name of the present applicant is also deleted
from the charge-sheet.
4. Learned advocate Mr. Hardik Pandit has vehemently
opposed the present application and submitted that in
fact no report is filed by the Investigating officer and no
summons is served to the complainant.
5. The aforesaid objection raised by the learned advocate
Mr. Hardik Pandit deserves to be rejected in light of the
submissions made by the learned APP.
6. By the order dated 31.07.2020 passed in Criminal
Misc. Application No.10491 of 2020, this Court has
quashed the impugned FIR in the case of co-accused on
the ground of settlement. Thereafter, the Co-ordinate
Bench of this Court has also allowed the application of
co-accused in Criminal Misc. Application No.11814 of
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R/CR.MA/8617/2021 ORDER DATED: 25/09/2023
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2020. Though the learned advocate for the complainant
has objected in the present application, by relying the
judgment of the Hon'ble Apex Court in the case of
Dilbag Rai versus State of Haryana versus State of
Haryana reported in 2019 (16) SCC 736 and the decision
of this Court in the case of Tejas S/o Rajendraprasad
Fudnawala versus State of Gujarat reported in 2021 (4)
GLH 116, considering the fact that settlement has been
arrived at earlier between the parties, no fruitful purpose
would be served in continuing the proceeding.
7. Under the circumstances, nothing is found from the
present applicant and he has not been arraigned as an
accused, the present application deserves to be allowed.
8. Resultantly, this application is allowed. Rule is made
absolute. The impugned F.I.R. being
C.R.No.11191036200585 of 2020 registered with
Navrangpura Police Station, District Ahmedabad and all
other consequential proceedings arising out of said FIR,
are hereby quashed and set aside qua the applicant only.
9. Registry is directed to intimate the concerned the
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R/CR.MA/8617/2021 ORDER DATED: 25/09/2023
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concerned Court about the present order by sending a
copy of this order through Fax message, email and/or
any other suitable electronic mode.
Direct service is permitted.
(SANDEEP N. BHATT,J)
DIWAKAR SHUKLA
