Gujarat High Court
Yogendrasinh @ Yogeshkumar Nanubha ... vs State Of Gujarat on 29 January, 2025
NEUTRAL CITATION
R/SCR.A/16141/2023 ORDER DATED: 29/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (DOMESTIC VIOLANCE ) NO.
16141 of 2023
With
CRIMINAL MISC.APPLICATION (FOR STAY) NO. 1 of 2024
In R/SPECIAL CRIMINAL APPLICATION NO. 16141 of 2023
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YOGENDRASINH @ YOGESHKUMAR NANUBHA GOHIL & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. BHAUMIK DHOLARIYA(7009) for the Applicant(s) No. 1,2,3,4,5
MOHINI H DAVE(7849) 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 complainant is already produced on record.
2. By way of the present application, the applicant/s
prays for quashing and setting aside the order dated
23.10.2023 passed by learned 6
th
Additional Sessions Court,
Surat in Criminal Appeal No.38/2023 and the judgment dated
28.11.2022 passed by the Chief Judicial Magistrate (1
st
Court),
Surat in Cri. Misc. Application (Domestic) No.553/2021 and
further proceedings arising out of the same, if any.
NEUTRAL CITATION
R/SCR.A/16141/2023 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
NEUTRAL CITATION
R/SCR.A/16141/2023 ORDER DATED: 29/01/2025
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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.
7. Resultantly, this application is allowed. The order
dated 23.10.2023 passed by learned 6
th
Additional Sessions
Court, Surat in Criminal Appeal No.38/2023 and the
judgment dated 28.11.2022 passed by the Chief Judicial
Magistrate (1
st
Court), Surat in Cri. Misc. Application
(Domestic) No.553/2021, are hereby quashed and set aside.
8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
9. In view of the order passed in the present
petition, connected civil application would not survive and the
same stands disposed of accordingly.
(SANDEEP N. BHATT,J)
SLOCK BAROT
