Dudhiben W/O Punabhai Masribhai ... vs State Of Gujarat
2025 Latest Caselaw 7674 Guj

Gujarat High Court

Dudhiben W/O Punabhai Masribhai ... vs State Of Gujarat on 4 November, 2025

                                                                                                         NEUTRAL CITATION




                            R/CR.MA/4314/2019                               ORDER DATED: 04/11/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                          FIR/ORDER) NO. 4314 of 2019

                       ==========================================================
                             DUDHIBEN W/O PUNABHAI MASRIBHAI DHUNDHALAVA & ORS.
                                                    Versus
                                           STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR RAJESH O GIDIYA(5222) for the Applicant(s) No.
                       1,10,100,101,102,103,104,105,106,107,108,109,11,110,111,112,113,114,115
                       ,116,117,118,119,12,120,121,122,123,124,125,126,127,128,129,13,130,131,
                       132,133,134,135,136,137,138,14,15,16,17,18,19,2,20,21,22,23,24,25,26,27,2
                       8,29,3,30,31,32,33,34,35,36,37,38,39,4,40,41,42,43,44,45,46,47,48,49,5,50,5
                       1,52,53,54,55,56,57,58,59,6,60,61,62,63,64,65,66,67,68,69,7,70,71,72,73,74,
                       75,76,77,78,79,8,80,81,82,83,84,85,86,87,88,89,9,90,91,92,93,94,95,96,97,9
                       8,99
                       MR. JAY MEHTA, APP for the Respondent(s) No. 1
                       RULE SERVED for the Respondent(s) No. 2
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                        Date : 04/11/2025

                                                         ORAL ORDER

1. Heard learned advocate for the petitioners and learned APP for the respondent-State. Though duly served, none has chosen to appear on behalf of the private respondent.

2. The present petition has been instituted under Section 482 of the Code of Criminal Procedure, seeking quashment of the FIR being C.R. No.I-22 of 2018, registered with Jafrabad Police Station, for the offences punishable under Sections 143 and 188 of the Indian Penal Code.

3. What is noteworthy is that the issue raised in the present petition stands squarely covered by the authoritative pronouncement of this Court in Govardhankumar Thakoredas Asrani v. State of Gujarat and Another, reported in 2018 (1) GLH 63, wherein the

NEUTRAL CITATION

R/CR.MA/4314/2019 ORDER DATED: 04/11/2025

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Coordinate Bench, upon exhaustive consideration, had laid down the ratio decidendi directly governing the present controversy.

4. The reasoning and legal enunciation propounded in the aforesaid judgment (ibid) are mutatis mutandis applicable to the factual matrix obtaining herein. Ergo, without delving further into the merits of the matter, this Court deems it just and proper to apply the very same rationale to the case at hand.

5. Resultantly, the petition stands ALLOWED in terms of the ratio laid down in Govardhankumar (supra). The impugned FIR, being C.R. No.I-22 of 2018 registered with Jafrabad Police Station, and all consequential proceedings arising therefrom, are hereby quashed and set aside.

6. Rule is made absolute accordingly. Direct service is permitted.

(J. C. DOSHI,J) MANISH MISHRA