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Gujarat High Court

Paras Dwarkadas Patel (Disposed Of Qua … vs State Of Gujarat on 23 February, 2024

Author: Ilesh J. Vora

Bench: Ilesh J. Vora

NEUTRAL CITATION

R/CR.MA/3122/2022 ORDER DATED: 23/02/2024

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC. APPLICATION (FOR QUASHING
SET ASIDE FIR/ORDER) NO. 3122 of 2022
With
CRIMINAL MISC. APPLICATION (FIXING DATE OF
EARLY HEARING) NO. 1 of 2024
In R/CRIMINAL MISC. APPLICATION NO. 3122 of 2022

PARAS DWARKADAS PATEL (disposed of qua applicant No 1 as per
Hon’ble Court order dt.9/3/22 ANR.
Versus
STATE OF GUJARAT ANR.

Appearance:
DELETED for the Applicant(s) No. 1
MR PRATIK B BAROT(3711) for the Applicant(s) No. 2
NOTICE SERVED for the Respondent(s) No. 2
MS. CHETNA M. SHAH, APP for the Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

Date : 23/02/2024

ORAL ORDER

Order in Cr.M.A no.1 of 2024 : –

The present application is filed for fixing the early date
of hearing of the main matter i.e. Criminal Misc. Application
no.3122 of 2022.

Heard learned advocates for the parties.

The main matter i.e. Criminal Misc. Application no.3122
of 2022 is ordered to be listed today itself. The present
application stands disposed of.

Order in Cr.M.A no.3122 of 2022 : –

1. By way of this application under Section 482 of the Code

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NEUTRAL CITATION

R/CR.MA/3122/2022 ORDER DATED: 23/02/2024

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of Criminal Procedure, 1973 (hereinafter referred to as “the
Code”), the applicant has prayed for quashing and setting
aside the F.I.R. beaing Part-A C.R.No. 11191045201654 of
2020 registered with Sola High Court Police Station, Dist.-

Ahmedabad for the offences punishable under Sections
498A, 323, 294(b) of IPC and the charge-sheet and
proceedings under Sections 3 and 4 of the Dowry Prohibition
Act in nature of Criminal Case no.11370 of 2021 pending
before the Chief Judicial Magistrate, Mirzapur, Ahmedabad
and all other consequential proceedings arising out of the
aforesaid FIR qua the applicant.

2. Heard learned advocate for the applicant and learned
advocate for the respondent no.2 – complainant.

3. Both the learned advocates would submit that during the
pendency of present petition, the matter is amicably settled
amongst the parties and therefore, any further continuation of
the proceedings pursuant to the impugned FIR would create
hardship to the parties and further continuation of the
proceedings would amount to abuse of process of law.

4. Learned APP has opposed the application and submitted
that looking to averments made in the FIR, complaint may not
be quashed.

5. The complainant – respondent No. 2 has filed affidavit
stating inter-alia the fact that the matter is amicably settled
with the applicant. The private respondent no.2 has confirmed
the fact of settlement and contents of the affidavit in support
of the petition.

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NEUTRAL CITATION

R/CR.MA/3122/2022 ORDER DATED: 23/02/2024

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6. Having heard the learned counsel for the parties and
considering the facts of settlement and law laid down by the
Apex Court [Gian Singh Vs. State of Punjab Anr., reported
in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of
Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs.
Central Bureau of Investigation Anr., reported in 2009 (1)
GLH 31, Manoj Sharma Vs. State Ors., reported in 2009 (1)
GLH 190 and Narinder Singh Ors. Vs. State of Punjab
Anr. reported in 2014 (2) Crime 67 (SC),] this Court is of the
considered view that further continuation of the criminal
proceedings in relation to the impugned FIR would nothing
but unnecessary harassment to the parties and trial thereon
would be futile and further continuation of the proceedings
would amount to abuse of process of law. Thus, to secure the
ends of justice, the impugned FIR is required to be quashed
and set aside in exercise of powers conferred under Section
482 of the Code.

7. Resultantly, this application is allowed and the impugned
F.I.R. beaing Part-A C.R.No. 11191045201654 of 2020
registered with Sola High Court Police Station, Dist.-
Ahmedabad filed against present applicant is hereby quashed
and set aside and all other proceedings arising out of the
aforesaid FIR are also quashed and set aside. Direct service
permitted.

(ILESH J. VORA, J.)
AMAR RATHOD…

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