Sipra Amrutbhai Mittal vs State Of Gujarat
2024 Latest Caselaw 4548 Guj

Gujarat High Court

Sipra Amrutbhai Mittal vs State Of Gujarat on 10 June, 2024

Author: Ilesh J. Vora

Bench: Ilesh J. Vora

                                                                                     NEUTRAL CITATION




      R/CR.MA/13949/2019                                ORDER DATED: 10/06/2024

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              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                    FIR/ORDER) NO. 13949 of 2019

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                           SIPRA AMRUTBHAI MITTAL & ORS.
                                       Versus
                              STATE OF GUJARAT & ANR.
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Appearance:
MR MB RANA(2760) for the Applicant(s) No. 1,2,3
MR TUSHAR CHAUDHARY(5316) for the Respondent(s) No. 2
MS SHRUTI PATHAK, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

                                  Date : 10/06/2024

                                   ORAL ORDER

1. Heard Mr.M.B. Rana, learned advocate for the applicants, and

Mr.Tushar Chaudhary, learned advocate for respondent no.2.

2. This quashing petition is filed by the applicants herein in relation to

the FIR being I-C.R.No.79 of 2019 registered with Palanpur East Police

Station, Dist.: Banaskantha for the offences punishable under Sections

498(A), 323, 294(b), 506(2) and 114 of the Indian Penal Code and

Sections 3 and 7 of the Prohibition Dowry Act.

3. Mr.Rana, learned advocate for the applicants, upon instructions,

states that parties have settled their dispute amicably and in view of this

settlement, the Trial Court, vide its judgment and order dated 17.03.2023,

NEUTRAL CITATION

R/CR.MA/13949/2019 ORDER DATED: 10/06/2024

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acquitted the principal accused. A copy of this judgment and order

tendered by Mr.Rana, learned advocate for the applicants is taken on

record.

4. Having regard to the facts and circumstances of present case, it

emerges from the record that applicants herein are uncle in law, brother in

law and sister in law. Without entering into the merits of the case, when

the principal accused, based on the compromise, acquitted by the Trial

Court, continuation of the proceedings against the applicants amounts to

misuse of process of law and Court.

5. Resultently, the application succeeds and is allowed. The FIR

being I-C.R.No.79 of 2019 registered with Palanpur East Police Station,

Dist.: Banaskantha for the offences punishable under Sections 498(A),

323, 294(b), 506(2) and 114 of the Indian Penal Code and Sections 3 and

7 of the Prohibition Dowry Act and other consequential proceedings

thereto are quashed qua applicants herein.

(ILESH J. VORA,J) Rakesh