Gujarat High Court
Hareshbhai Harsukhbhai Hadvadiya vs State Of Gujarat on 10 January, 2024
NEUTRAL CITATION
R/CR.MA/8591/2018 ORDER DATED: 10/01/2024
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 8591 of 2018
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HARESHBHAI HARSUKHBHAI HADVADIYA & 3 other(s)
Versus
STATE OF GUJARAT & 1 other(s)
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Appearance:
MR PREMAL S RACHH(3297) for the Applicant(s) No. 1,2,3,4
MR PRATIK Y JASANI(5325) for the Respondent(s) No. 2
MR S.M. JOSHI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 10/01/2024
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 applicants pray for quashing the FIR being C.R.No. I-
68/2017 registered with Wankaner City Police Station for
NEUTRAL CITATION
R/CR.MA/8591/2018 ORDER DATED: 10/01/2024
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the offence punishable under Sections 363, 366 and 114 of
Indian Penal Code.
4. Heard learned advocates.
5. Learned advocate for the applicants 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 is present in the Court and
on inquiry, confirms the factum of settlement.
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
NEUTRAL CITATION
R/CR.MA/8591/2018 ORDER DATED: 10/01/2024
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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.
8. Resultantly, this application is allowed. The impugned FIR
being C.R.No. I-68/2017 registered with Wankaner City
Police Station for the offence punishable under Sections
363, 366 and 114 of Indian Penal Code and all other
consequential proceedings, if any, arising out of said FIR
qua the applicants are hereby quashed and set aside.
9. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(SANDEEP N. BHATT,J)
Bharat
