Avesh @ Sunny Aminbhai Meman vs State Of Gujarat
2023 Latest Caselaw 7142 Guj

                                                                                             NEUTRAL CITATION




     R/CR.MA/5601/2021                                         ORDER DATED: 27/09/2023

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            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                   FIR/ORDER) NO. 5601 of 2021

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                         AVESH @ SUNNY AMINBHAI MEMAN
                                     Versus
                               STATE OF GUJARAT
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Appearance:
MR. SUHAIL Z SAIYED(6690) for the Applicant(s) No. 1,2
MR DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
VASIMRAJA A KURESHI(8609) for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT

                                   Date : 27/09/2023

                                    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 waive service of notice of Rule

for respective respondents.

3. 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.11197025202104 of 2020 registered with Karjan

Police Station, Vadodara (Rural) for the offence

NEUTRAL CITATION

R/CR.MA/5601/2021 ORDER DATED: 27/09/2023

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punishable under Sections 365, 392, 394, 397 and 114

of the Indian Penal Code.

4. Heard learned advocates.

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

Court through the factual matrix arising out of the

present application.

6. 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. The complainant was present on the last

occasion and his consent was recorded in the order

dated 25.9.2023.

7. 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 through

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 v. State of

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R/CR.MA/5601/2021 ORDER DATED: 27/09/2023

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Punjab & Another, reported in (2012) 10 SCC 303, the

impugned FIR is required to be quashed and set aside.

8. Resultantly, this application is allowed. The impugned

FIR being C.R.No.11197025202104 of 2020 registered

with Karjan Police Station, Vadodara (Rural) and all

other consequential proceedings, if any, arising out of

said FIR qua the applicant/s are hereby quashed and

set aside.

9. Rule is made absolute to the aforesaid extent. Direct

service is permitted.

(SANDEEP N. BHATT,J) SRILATHA