Gujarat High Court
Amarsinh Bhimsinh Dabhi vs State Of Gujarat on 9 May, 2025
NEUTRAL CITATION
R/SCR.A/11242/2024 ORDER DATED: 09/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO.11242 of 2024
(QUASHING)
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AMARSINH BHIMSINH DABHI & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KAIVAL D PATEL for the Applicant(s) No. 1,2,3,4
MS ASMITA PATEL APP for the Respondent(s) No. 1
MR DASHRATH CHAUHAN for the Respondent No.2
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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.11204041201308/2020 registered with Mahemdavad
Police Station, Kheda for the offence punishable
under Sections 323, 325, 504, 506(2) and 114 of
the Indian Penal Code.
NEUTRAL CITATION
R/SCR.A/11242/2024 ORDER DATED: 09/05/2025
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4. Heard learned advocate, Mr. Kaival Patel for the
applicant, learned APP Ms. Asmita Patel for
respondent no.1 and learned advocate, Mr. Dashrath
Chauhan for respondent no.2, who is permitted to
file his Vakalatnama in the Registry. I have also
heard the respondent no.2 - complainant, who is
present before this Court. Learned advocate, Mr.
Chauhan 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. 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
NEUTRAL CITATION
R/SCR.A/11242/2024 ORDER DATED: 09/05/2025
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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.
7. Resultantly, this application is allowed. The
impugned FIR being C.R. No.11204041201308/2020
registered with Mahemdavad Police Station, Kheda
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
