Virsangbhai Fuljibhai Chaudhary vs State Of Gujarat
2025 Latest Caselaw 6005 Guj

Gujarat High Court

Virsangbhai Fuljibhai Chaudhary vs State Of Gujarat on 23 April, 2025

                                                                                                            NEUTRAL CITATION




                            R/CR.MA/22430/2021                                ORDER DATED: 23/04/2025

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                                 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                    FIR/ORDER) NO. 22430 of 2021

                       ==========================================================
                                      VIRSANGBHAI FULJIBHAI CHAUDHARY & ORS.
                                                       Versus
                                             STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR PIYUSH TRIVEDI FOR MR PRATIK B BAROT(3711) for Applicant(s) No.
                       1,2,3
                       MR NIRAV K PADHIYAR(5678) for the Respondent(s) No. 2
                       MR SOHAM JOSHI, ADDL.PUBLIC PROSECUTOR for Respondent(s) No. 1
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                          Date : 23/04/2025
                                                            ORAL ORDER

1. Rule. Learned advocate Mr.Nirav Padhiyar waives notice of Rule for respondent No.2 and learned APP waives service of notice of Rule for the respondent -State.

2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the FIR being C.R.No.11195006210033 of 2021 registered with Mahila Police Station, Palanpur for the offences under Sections 498A, 323, 294(b), 506(2) and 114 of the Indian Penal Code and all the consequential proceedings arising therefrom.

3. Heard learned advocate Mr.Piyush Trivedi for learned advocate Mr.Pratik Barot appearing for the petitioners, learned advocate Mr.Nirav Padhiyar for respondent No.2 and learned APP Mr.Soham Joshi for the respondent - State.

NEUTRAL CITATION

R/CR.MA/22430/2021 ORDER DATED: 23/04/2025

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4. Learned advocate Mr.Trivedi has tendered copy of the judgment delivered by learned Chief Judicial Magistrate, Palanpur in Criminal Case No.28 of 2022 whereby the petitioner Nos.1 and 2 have been acquitted, which is taken on record. Learned JMFC recorded acquittal of the other accused on the ground that prosecution has failed to prove allegations levelled in the FIR. The petitioner No.3 is aunt-in-law and the role alleged to have been played by her is lesser than the role played by petitioner Nos.1 and 2.

5. In view of above, putting present applicants in trial would be absurd process.

6. In the result, the petition qua petitioner Nos.1 and 2 is disposed of as having become infructuous. Rule is discharged qua petitioner Nos.1 and 2. The petition qua petitioner No.3 is allowed. The impugned FIR being C.R.No.11195006210033 of 2021 registered with Mahila Police Station, Palanpur for the offences under Sections 498A, 323, 294(b), 506(2) and 114 of the Indian Penal Code and all the consequential proceedings arising therefrom are hereby quashed and set aside qua the petitioner No.3 herein. Rule is made absolute qua petitioner No.3. Direct service is permitted.

(J. C. DOSHI, J) GAURAV J THAKER