Gujarat High Court
Mehul Rajeshbhai Dumatar vs State Of Gujarat on 2 May, 2025
NEUTRAL CITATION
R/SCR.A/5377/2025 ORDER DATED: 02/05/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION NO. 5377 of 2025
(FOR CONSENT QUASHING)
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MEHUL RAJESHBHAI DUMATAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
M S PADALIYA(7406) for the Applicant(s) No. 1
MS SHRUTI PATHAK APP for the Respondent(s) No. 1
MS DEVANSHI KAKKAD for the Respondent No.2
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 02/05/2025
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.11208003250107/2025 registered with
Gandhigram - 2 (University) Police Station, Rajkot
City for the offence punishable under Section
NEUTRAL CITATION
R/SCR.A/5377/2025 ORDER DATED: 02/05/2025
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351(3) of BNS, 2023.
4. Heard learned advocates appearing for the parties.
I have also heard the respondent no.2 -
complainant, who is present before this Court.
Learned advocate, Ms. Kakkad for the respondent
no.2 has identified 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.13. It is
also stated that there is no antecedent reported
against the applicant. 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/5377/2025 ORDER DATED: 02/05/2025
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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.11208003250107/2025
registered with Gandhigram - 2 (University) Police
Station, Rajkot 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.)
NEUTRAL CITATION
R/SCR.A/5377/2025 ORDER DATED: 02/05/2025
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Gautam
