Gujarat High Court
Nikulsinh Lavusinh Dabhi vs State Of Gujarat on 29 January, 2025
NEUTRAL CITATION
R/SCR.A/16478/2024 ORDER DATED: 29/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 16478 of 2024
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NIKULSINH LAVUSINH DABHI & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VICKY B MEHTA(5422) for the Applicant(s) No. 1,2,3,4
MS DIMPLE A DHAMANI(12061) for the Applicant(s) No. 1,2,3,4
ANAND S TAILOR(9021) for the Respondent(s) No. 2
MR. VINAY VISHEN, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 29/01/2025
ORAL ORDER
1. Rule returnable forthwith. Learned advocates waive
service of notice of Rule for respective respondents. The
affidavit of the respondent No.2 is produced, the same is
taken on record.
2. By way of the present application under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for
short, `BNSS'), the applicants pray for quashing the FIR
being C.R.No.11195061220404 of 2022 registered with
Dantiwada Police Station, Banaskantha, for the offence
mentioned therein and further proceedings arising out of the
same, if any.
NEUTRAL CITATION
R/SCR.A/16478/2024 ORDER DATED: 29/01/2025
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3. Heard learned advocates.
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
NEUTRAL CITATION
R/SCR.A/16478/2024 ORDER DATED: 29/01/2025
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No.1723 of 2017 dated 4.10.2017, more particularly,
paragraph 15 thereof, the impugned FIR is required to be
quashed and set aside.
7. Resultantly, this application is allowed. The
impugned FIR being C.R.No.11195061220404 of 2022
registered with Dantiwada Police Station, Banaskantha, for
the offences mentioned therein and all other consequential
proceedings, if any, arising out of said FIR qua the
applicants only are hereby quashed and set aside.
8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(SANDEEP N. BHATT,J)
SLOCK BAROT
