Gujarat High Court
Narendramohan Gangaram Lamba vs State Of Gujarat on 9 May, 2025
NEUTRAL CITATION
R/CR.MA/4110/2023 ORDER DATED: 09/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION NO. 4110 of 2023
(FOR QUASHING & SET ASIDE FIR/ORDER)
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NARENDRAMOHAN GANGARAM LAMBA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
ADITYA A GUPTA(7875) for the Applicant(s) No. 1
MOHIT A GUPTA(8967) for the Applicant(s) No. 1
MR BHAVIK J PANDYA(5002) for the Respondent(s) No. 2
MR MANISH J PATEL(2131) for the Respondent(s) No. 2
PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 09/05/2025
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.11210031200002/2020 registered with Mahila
Police Station, Surat City for the offence
punishable under Sections 498(A), 323, 504, 506(2)
and 114 of the Indian Penal Code and under
Sections 3 and 4 of the Dowry Prohibition Act.
NEUTRAL CITATION
R/CR.MA/4110/2023 ORDER DATED: 09/05/2025
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4. Heard learned advocate, Mr. Aditya Gupta for the
applicant, learned APP Ms. Asmita Patel for
respondent no.1 and learned advocate, Mr. Manish
Patel for respondent no.2. I have also heard the
respondent no.2 - complainant, who is present
before this Court through Video Conferencing.
Learned advocate, Mr. Patel identifies respondent
no.2 and confirms correctness and genuineness of
the affidavit filed by her.
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.41. Upon
making inquiry, the respondent no.2, who is
present before this Court, has stated that she has
settled the dispute with the present applicant
and, therefore, if the impugned FIR is quashed,
she 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 &
NEUTRAL CITATION
R/CR.MA/4110/2023 ORDER DATED: 09/05/2025
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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.
7. Resultantly, this application is allowed. The
impugned FIR being C.R. No.11210031200002/2020
registered with Mahila Police Station, Surat City
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
