Gujarat High Court
Maheshkumar Karshanbhai Senma (Ravat) ... vs State Of Gujarat on 6 February, 2025
NEUTRAL CITATION
R/SCR.A/946/2025 ORDER DATED: 06/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
946 of 2025
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MAHESHKUMAR KARSHANBHAI SENMA (RAVAT) S/O KARSHAN SENMA
& ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS NANCY R SONI(12661) for the Applicant(s) No. 1
MR. ARPIT KACHOLIYA(16396) for the Respondent(s) No. 2
MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 06/02/2025
ORAL ORDER
1. Rule returnable forthwith. Learned advocates waive
service of notice of Rule for respective respondents.
2. Learned advocate for the petitioners does not press this
petition qua petitioner no.3. This petition is disposed of
as not pressed qua petitioner no.3.
3. By way of the present application under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short, `BNSS'), the applicant/s prays for quashing the
FIR being C.R.No.11196016240748 of 2024 registered
with Makarpura Police Station, Vadodara city for the
offence mentioned therein and further proceedings
arising out of the same, if any.
4. Heard learned advocates.
NEUTRAL CITATION
R/SCR.A/946/2025 ORDER DATED: 06/02/2025
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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 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 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.
NEUTRAL CITATION
R/SCR.A/946/2025 ORDER DATED: 06/02/2025
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8. Resultantly, this application is allowed. The impugned
FIR being C.R.No.11196016240748 of 2024 registered
with Makarpura Police Station, Vadodara city for the
offences mentioned therein and all other consequential
proceedings, if any, arising out of said FIR qua the
petitioner nos.1,2 and 4 are hereby quashed and set
aside.
9. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(SANDEEP N. BHATT,J)
SRILATHA
