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Vipulgiri Maheshpuri Goswami vs State Of Gujarat on 26 September, 2023

NEUTRAL CITATION

R/CR.MA/14705/2023 ORDER DATED: 26/09/2023

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR QUASHING SET ASIDE
FIR/ORDER) NO. 14705 of 2023

VIPULGIRI MAHESHPURI GOSWAMI
Versus
STATE OF GUJARAT

Appearance:
MR M R MOLAVI(3362) for the Applicant(s) No. 1,2
for the Respondent(s) No. 2
MS MAITHILI D MEHTA, APP for the Respondent(s) No. 1
MR SADIK A ANSARI for the Respondent No.2

CORAM:HONOURABLE MR. JUSTICE SAMIR J. DAVE

Date : 26/09/2023

ORAL ORDER

Mr. Sadik A. Ansari, learned advocate states
that he has received instructions to appear for and
on behalf of the respondent no.2 and sought
permission to appear on behalf of the respondent
no.2. Permission, as sought for, stands granted. He
shall file his Vakalatnama before the Registry.
Registry shall accept the same.

1. Rule. Learned APP waives service of notice of
rule for and on behalf of the respondent no.1-State
and learned advocate Mr. Sadik A. Ansari waives
service of notice of rule for and on behalf of the
respondent no.2.

2. Considering the issue involved in the present

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NEUTRAL CITATION

R/CR.MA/14705/2023 ORDER DATED: 26/09/2023

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application and with consent of the learned advocates
appearing for the respective parties as well as
considering the fact that the dispute amongst the
applicants and complainant has been resolved
amicably, this matter is taken up for final disposal
forthwith.

3. 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 FIR being
C.R.No.11195051230284 of 2023 registered with Thara
Police Station, District Banaskantha for the offence
punishable under Sections 306, 323, 498A and 114 of
the IPC, proceedings of Sessions Case No.51 of 2023
pending before 4th Additional District Sessions
Judge, Deesa and subsequent proceedings arising out
of the said FIR qua the applicants.

4. Learned counsel for the respective parties
submitted that during pendency of the criminal
proceedings, as referred to above, the parties have
amicably settled their issue by way of mutual
settlement and pursuant to understanding arrived at,
the Complainant has accordingly filed an affidavit,
which is on record. The complainant has categorically
stated in the affidavit that dispute is amicably
resolved and has no objections if the present
proceedings are quashed and there is no surviving
grievance between them.

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NEUTRAL CITATION

R/CR.MA/14705/2023 ORDER DATED: 26/09/2023

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5. Heard learned advocates for the respective
parties.

6. Having heard the learned counsel for the
respective parties, considering the facts and
circumstances arising out of the present application
as well as taking into consideration the decisions
rendered in the cases of 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), it appears
that further continuation of criminal proceedings in
relation to the impugned FIR against the applicants
would be unnecessary harassment to the applicants. It
appears that the trial would be futile and further
continuance of the proceedings pursuant to the
impugned FIR would amount to abuse of process of law
and Court and hence, to secure the ends of justice,
the impugned FIR and other consequential proceedings
are required to be quashed and set aside in exercise
of powers conferred under Section 482 of the Code.

7. Resultantly, this application is allowed. The
impugned FIR being C.R.No.11195051230284 of 2023
registered with Thara Police Station, District

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NEUTRAL CITATION

R/CR.MA/14705/2023 ORDER DATED: 26/09/2023

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Banaskantha, proceedings of Sessions Case No.51 of
2023 pending before 4th Additional District Sessions
Judge, Deesa and subsequent proceedings arising out
of the said FIR, are hereby quashed and set aside qua
the present applicants. Accordingly, Rule is made
absolute.

8. If the applicants are behind bar, jail authority
as well as Court concerned shall take necessary steps
to release the applicant from the jail forthwith if
he is not required in any other offence.

Direct service is permitted.

(SAMIR J. DAVE,J)
LAVKUMAR J JANI

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