Gujarat High Court
Harsh @ Chandan Bharatbhai Kumbhariya vs State Of Gujarat on 14 February, 2025
NEUTRAL CITATION
R/CR.MA/1348/2025 ORDER DATED: 14/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 1348 of 2025
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HARSH @ CHANDAN BHARATBHAI KUMBHARIYA
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MS ANUSHREE . PANDEY(11733) for the Applicant(s) No. 1
MS RAKSHA S KHATED(12987) for the Respondent(s) No. 2
MR. ADITYASINH JADEJA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 14/02/2025
ORAL ORDER
1. Rule returnable forthwith. Learned advocates waive
service of notice of Rule for respective respondents.
2. 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.11216010230400 of 2023 registered with
Pethapur Police Station, Gandhinagar, for the offence
mentioned therein and further proceedings arising out of the
same, if any.
3. Heard learned advocates.
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4. Learned advocate for the applicant/s has taken this
Court through the factual matrix arising out of the present
application.
5. 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.
6. 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
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R/CR.MA/1348/2025 ORDER DATED: 14/02/2025
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quashed and set aside.
7. Furthermore, considering the peculiar facts and
circumstances of the case, whereby, the complainant herself
has remained present before this Court and made request to
this Court for quashing of the proceedings pursuant to the
impugned FIR as due to the pendency of the proceedings, her
daughter is facing great difficulty to get settled in her life by
way of getting married. The victim is also present before this
Court and the victim has given consent for quashing of the
proceedings pursuant to the impugned FIR.
7.1 Moreover, considering the peculiar facts of the case as
well as keeping in mind the future of the girl and also the
social circumstances prevailing in the present proceedings as
well as treating this case as a special case, whereby, no
fruitful purpose would be served by proceeding with the
proceedings pursuant to the impugned FIR and as the matter
is now settled amicably between the parties, the matter
requires thoughtful consideration and the proceedings
pursuant to the impugned FIR is required to be quashed.
8. Resultantly, this application is allowed. The impugned
FIR being C.R.No.11216010230400 of 2023 registered with
Pethapur Police Station, Gandhinagar, for the offences
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R/CR.MA/1348/2025 ORDER DATED: 14/02/2025
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mentioned therein and all other consequential proceedings, if
any, arising out of said FIR qua the applicant only are
hereby quashed and set aside.
9. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(SANDEEP N. BHATT,J)
SLOCK BAROT
