Jigarkumar Jashbhai Pipalia vs State Of Gujarat
2025 Latest Caselaw 6589 Guj

Citation : 2025 Latest Caselaw 6589 Guj
Judgement Date : 15 September, 2025

Gujarat High Court

Jigarkumar Jashbhai Pipalia vs State Of Gujarat on 15 September, 2025

                                                                                                              NEUTRAL CITATION




                             R/SCR.A/9696/2021                                  ORDER DATED: 15/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9696 of 2021
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                                                  JIGARKUMAR JASHBHAI PIPALIA
                                                              Versus
                                                     STATE OF GUJARAT & ANR.
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                       Appearance:
                       JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
                       HCLS COMMITTEE(4998) for the Respondent(s) No. 2
                       MR.DARSHAN A. DAVE(7921) for the Respondent(s) No. 2
                       MR CHINTAN DAVE, APP for the Respondent(s) No. 1
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                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                            Date : 15/09/2025

                                                             ORAL ORDER

1. Considering the facts and circumstances of the case and since it is jointly stated at the bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith.

2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed to quash and set aside the FIR being C.R.No.11215004210306 of 2021 registered with Bhadran Police Station, Anand for the offences under Sections 323, 504, 506(2), 114 of IPC and section 135 of GP Act and all the consequential proceedings arising therefrom.

3. Qua other accused, learned Trial Court has passed judgment in Criminal Case No.2620 of 2022 and acquitted them. Perusal of this judgment indicates that the parties have compromised their dispute and all the witnesses have turned hostile and did not support the case of the prosecution.

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4. Original complainant is present in the Court and he has filed affidavit. It is stated that compromise is arrived and he does not want to proceed further with the FIR qua the petitioner. This Court has verified contents of the affidavit. Complainant who is present in the Court remains affirm with the statement on oath. Relevant portion of affidavit reads as under :-

"1. I submit that, I had lodged the impugned FIR dated 14/09/2021. bearing C.R. No. 11215004210306 of 2021 registered with Bhadran Police Station, Anand for the offences punishable U's, under Sections 323, 504, 500(2), 114 of LP.C; read with Section 135 of The G.P Act, which is against the present Petitioner.

2. 1 submit and state that, we are residing in the same locality and are known to each other since long time and out of the heat of the moment and the concerned situation, I had filed the present FIR, but now with the intervention of mutual friends and family the matter is amicably settled between us and as such we don't have any further grievance of grudges with the applicant and the matter is amicably settled amongst both the parties and hence I don't want to proceed further with the impugned FIR.

3. Therefore. I submit and state that I don't have any objection if the impugned FIR dated 14/09/2021, bearing CR. No. 11215004210306 of 2021 registered with Bhadran Police Station, Anand for the offences punishable Us. under Sections 323, 504, 506(2), 114 of IPC, read with Section 135 of The GP Act which is against the petitioner may be quashed and set aside.

4. I further say that the dispute of this offence is private in nature and therefore, public at large is not affected by the offence, therefore, I voluntarily give my consent and without any force or coercion on me for quashing and setting aside the FIR

5. What is stated hereinabove in Para No 1 to 4 is true to the

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best of my knowledge, information gathered from the record and belief and I believe the same to be true."

5. In view of above, in opinion of this Court, since parties have settled their dispute, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C..

6. In the result, the application is allowed. The impugned FIR being C.R.No.11215004210306 of 2021 registered with Bhadran Police Station, Anand as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner. Rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) SATISH