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Vijaybhai Kantibhai Patel vs State Of Gujarat on 22 February, 2024

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Gujarat High Court

Vijaybhai Kantibhai Patel vs State Of Gujarat on 22 February, 2024

Author: Ilesh J. Vora

Bench: Ilesh J. Vora

NEUTRAL CITATION

R/CR.MA/11971/2022 ORDER DATED: 22/02/2024

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 11971 of 2022

VIJAYBHAI KANTIBHAI PATEL ORS.
Versus
STATE OF GUJARAT ANR.

Appearance:
MR HARDIK A DAVE(3764) for the Applicant(s) No. 1,2,3
HARSH A VYAS(9330) for the Respondent(s) No. 2
Ms. DIXA U PANDYA(9412) for the Respondent(s) No. 2
MS CHETNA SHAH, APP for the Respondent(s) No. 1

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA

Date : 22/02/2024

ORAL ORDER

1. Heard Mr. Hardik Dave, learned advocate for the
applicants, Ms. Chetna Shah, learned APP for the
respondent-State and Ms. Dixa Pandya, learned advocate
for respondent no.2.

2. By invoking inherent powers of this Court, the
applicants who are distant relatives of private respondent
have preferred this application for quashing of FIR being
C.R. No.11215021220267 of 2022 registered with
Petlad Town Police Station, Anand for the offence
punishable under
Sections 498A, 323, 504, 506(2) and 114
of the IPC and
Sections 3 and 7 of Dowry Prohibition Act.

3. The acquittal order of husband and father-in-law of
private respondent passed by the Court concerned

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NEUTRAL CITATION

R/CR.MA/11971/2022 ORDER DATED: 22/02/2024

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tendered by learned advocates appearing for the
respective parties is ordered to be taken on record. The
private respondent who lodged the impugned FIR, is
present before this Court and on inquiry, she has
voluntarily expressed her willingness to quash the FIR.

4. Considering the acquittal of husband and father-in-
law as well as willingness on the part of the private
respondent to quash the FIR qua the present applicants,
this Court is convinced that continuation of criminal
proceedings against the present applicants is nothing but
an abuse of process of law and Court and same deserves
to be quashed and set aside.

5. Resultantly, this application is allowed. The impugned
FIR being C.R. No.11215021220267 of 2022
registered with Petlad Town Police Station, Anand
as well as other consequential proceedings are hereby
quashed and set aside qua the applicants herein.
Accordingly, Rule is made absolute. Direct service is
permitted.

(ILESH J. VORA,J)
TAUSIF SAIYED

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