Gujarat High Court
Hiteshbhai Naineshbhai Panchal ... vs State Of Gujarat on 3 February, 2025
NEUTRAL CITATION
R/CR.MA/22703/2022 ORDER DATED: 03/02/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 22703 of 2022
==========================================================
HITESHBHAI NAINESHBHAI PANCHAL (application stands disposed of as
not pressd qua applicant no.1) & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
DELETED for the Applicant(s) No. 1
DR. HARDIK K RAVAL(6366) for the Applicant(s) No. 2,3,4,5
MS SHUBHA B TRIPATHI(5597) for the Respondent(s) No. 2
MS. SHRUTI PATHAK, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 03/02/2025
ORAL ORDER
1. 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.11191008220687 of 2022 registered with Chandkheda
Police Station, Ahmedabad City, for the offence mentioned
therein, and further proceedings arising out of the same, if
any.
2. Heard learned advocates.
3. Learned advocate for the applicant/s has taken this
Court through the factual matrix arising out of the present
application.
NEUTRAL CITATION
R/CR.MA/22703/2022 ORDER DATED: 03/02/2025
undefined
4. 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.
5. 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 Punjab & Another, reported
in (2012) 10 SCC 303, Narinder Singh & Ors. Vs. State of
Punjab and another reported in 2014(2) Crime 67 (SC) and
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and
others Vs. State of Gujarat, recorded on Criminal Appeal
No.1723 of 2017 dated 4.10.2017, more particularly,
paragraph 15 thereof, the impugned FIR is required to be
quashed and set aside.
6. Resultantly, this application is allowed. The
impugned FIR being C.R.No.11191008220687 of 2022
NEUTRAL CITATION
R/CR.MA/22703/2022 ORDER DATED: 03/02/2025
undefined
registered with Chandkheda Police Station, Ahmedabad City,
for the offences mentioned therein and all other consequential
proceedings, if any, arising out of said FIR qua the applicant
Nos.2 to 5 only are hereby quashed and set aside.
7. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(SANDEEP N. BHATT,J)
SLOCK BAROT
