Gujarat High Court
Bhartiben Bhupatbhai Kotak vs State Of Gujarat on 7 May, 2025
NEUTRAL CITATION
R/SCR.A/5998/2025 ORDER DATED: 07/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO.5998 of 2025
(QUASHING)
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BHARTIBEN BHUPATBHAI KOTAK & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HARDIK D MUCHHALA(5634) for the Applicant(s) No. 1,2
MS HETVI H SANCHETI(5618) for the Respondent(s) No. 2
MR MANAN MEHTA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 07/05/2025
ORAL ORDER
1. With the consent of learned advocates appearing
for the parties, present application is taken up
for final disposal today.
2. Rule. Learned advocates appearing for the parties
waive service of notice of Rule.
3. By way of the present application under Section
528 of the Bhartiya Nagrik Suraksha Sanhita, 2023
(for short, the 'BNSS'), the applicant prays for
quashing and setting aside the FIR being C.R.
No.11191007240318/2024 registered with Bapunagar
Police Station, Ahmedabad for the alleged
offences.
4. Heard learned advocates appearing for the
respective parties. I have also heard the
respondent no.2 - complainant, who is present
before this Court through Video Conferencing.
NEUTRAL CITATION
R/SCR.A/5998/2025 ORDER DATED: 07/05/2025
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Learned advocate, Ms. Sancheti identifies
respondent no.2 and confirms correctness and
genuineness of the affidavit filed by him.
5. When the matter is called out, learned advocates
appearing for the parties have submitted that now
the dispute is amicably settled between the
parties and, therefore, the respondent no.2 has
filed an affidavit before this Court, copy of
which is placed on record at Page No.24. Upon
making inquiry, the respondent no.2, who is
present before this Court, has stated that he has
settled the dispute with the present applicant
and, therefore, if the impugned FIR is quashed, he
has no objection.
6. Therefore 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 her 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 Vs.
State of Punjab & Anr., reported in (2012) 10 SCC
303, Narinder Singh & Ors. Vs. State of Punjab &
Anr., reported in 2014(2) Crime 67 (SC) and
Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur
& Ors. Vs. State of Gujarat, recorded on Criminal
Appeal No.1723 of 2017 dated 04.10.2017, more
particularly, paragraph 15 thereof, the impugned
FIR is required to be quashed and set aside.
NEUTRAL CITATION
R/SCR.A/5998/2025 ORDER DATED: 07/05/2025
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7. Resultantly, this application is allowed. The
impugned FIR being C.R. No.11191007240318/2024
registered with Bapunagar Police Station,
Ahmedabad and all other consequential proceedings
arising out of said FIR are hereby quashed and set
aside.
8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(DIVYESH A. JOSHI, J.)
Gautam
