Gujarat High Court
Jesha Virabhai Bharwad vs State Of Gujarat on 30 January, 2025
NEUTRAL CITATION
R/CR.MA/1468/2025 ORDER DATED: 30/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 1468
of 2025
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JESHA VIRABHAI BHARWAD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1
MR. NEEL S JOGRANA(14204) for the Respondent(s) No. 2
MR MANAN MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 30/01/2025
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 482 of
the Code of Criminal Procedure, 1973 (for short, the
'Code'), the applicant/s prays for quashing the FIR being
C.R.No.I-87 of 2013 registered with Sayla Police Station,
Surendranagar for the offence mentioned therein, and
further proceedings arising out of the same, if any.
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
NEUTRAL CITATION
R/CR.MA/1468/2025 ORDER DATED: 30/01/2025
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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 son of the complainant was present
before the Court as the complainant has expired and
the factum of settlement was ascertained and his
presence was dispensed with.
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 quashed and set aside.
7. Resultantly, this application is allowed. The impugned
FIR being C.R.No.I-87 of 2013 registered with Sayla
NEUTRAL CITATION
R/CR.MA/1468/2025 ORDER DATED: 30/01/2025
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Police Station, Surendranagar for the offences mentioned
therein and all other consequential proceedings, if any,
arising out of said FIR qua the applicant/s are hereby
quashed and set aside.
8. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(SANDEEP N. BHATT,J)
SRILATHA
