Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member services — Free for one month.
Gujarat High Court
Sadhnaben Ashokbhai Pawar vs State Of Gujarat on 1 April, 2024
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.MA/6061/2022 ORDER DATED: 01/04/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 6061 of 2022
SADHNABEN ASHOKBHAI PAWAR ORS.
Versus
STATE OF GUJARAT ANR.
Appearance:
MR AMIT K DAVE(5860) for the Applicant(s) No. 1,2,3
MR RAMNANDAN SINGH(1126) for the Respondent(s) No. 2
MS CM SHAH APP for the Respondent(s) No. 1
CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 01/04/2024
ORAL ORDER
1. Mr. Ramnandan Singh, learned advocate for respondent no.2
has placed on record the affidavit, same is taken on record.
2. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as “the Code”),
the applicants have prayed for quashing and setting aside F.I.R.
being C.R.No. 11191008220076 of 2022 registered with
Chandkheda Police Station, Dist.- Ahmedabad for the
offences punishable under Sections 498A and 114 of IPC and
to quash all other consequential proceedings arising out of the
aforesaid FIR qua the applicants.
3. Heard learned advocate for the applicants and learned
advocate for the respondent no.2 – complainant.
4. Both the learned advocates would submit that during the
pendency of present petition, the matter is amicably settled
Page 1 of 3
Downloaded on : Mon Apr 01 20:51:04 IST 2024
NEUTRAL CITATION
R/CR.MA/6061/2022 ORDER DATED: 01/04/2024
undefined
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.
5. Learned APP has opposed the application and submitted that
looking to averments made in the FIR, complaint may not be
quashed.
6. The complainant – respondent No. 2 has filed affidavit stating
inter-alia the fact that the matter is amicably settled with the
applicants. The private respondent no.2 has confirmed the fact of
settlement and contents of the affidavit in support of the petition.
7. 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.
Page 2 of 3
Downloaded on : Mon Apr 01 20:51:04 IST 2024
NEUTRAL CITATION
R/CR.MA/6061/2022 ORDER DATED: 01/04/2024
undefined
8. Resultantly, this application is allowed. Rule is made absolute.
The impugned F.I.R. being C.R.No. 11191008220076 of 2022
registered with Chandkheda Police Station, Dist.-
Ahmedabad filed against present applicants 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)
P.S. JOSHI
Page 3 of 3
Downloaded on : Mon Apr 01 20:51:04 IST 2024
