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2021 DAILYLAW 1310 (GUJ)

BHARAT JEHTHBHAI FOSI v. STATE OF GUJARAT

CR.MA/14363/2021 · 2026-03-20

M K Thakker

body2021

Judgment text

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R/CR.MA/14363/2021 ORDER DATED: 20/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 14363 of 2021 ========================================================== BHARAT JEHTHBHAI FOSI & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MS.DILBUR CONTRACTOR(6388) for the Applicant(s) No. 1,2,3 MR D S GADHVI(11310) for the Respondent(s) No. 2 RONAK RAWAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 20/03/2026 ORAL ORDER Draft amendment is allowed. Necessary amendments shall be carried out forthwith. 1. The present application is led for quashing of the FIR being C. R. No.11195010210119 of 2021 registered with Palanpur West Police Station for the o(ences under Sections 465, 467, 468, 471 and 114 of the Indian Penal Code by the 3 applicants who are named in the FIR as well as the accused No.4 who is arraigned as a accused during the course of investigation. 2. At the outset, it is submitted by the learned advocates for the respective parties that the matter has been settled between the parties and the dispute which was arising between the family R/CR.MA/14363/2021 ORDER DATED: 20/03/2026 members of the complainant has been resolved. Learned advocate Mr. Gadhvi appearing for the complainant has placed on record the a4davit of respondent No.2 – complainant, conrming the above aspects. Presence of the complainant is noted. 3. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered by the Hon'ble Supreme Court 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 applicant would be unnecessary harassment to the applicant. I have also considered the latest decision of the Hon'ble Supreme Court in the case of ‘Parbatbhai Aahir @ R/CR.MA/14363/2021 ORDER DATED: 20/03/2026 Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat’, Criminal Appeal No.1723 of 2017, dated 4.10.2017 and the guidelines issued by the Hon'ble Supreme Court in the said decision, particularly Paragraph-15, thereof. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. 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 hence, 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. 4. Resultantly, this application is allowed and the impugned FIR bearing C. R. No.11195010210119 of 2021 registered with Palanpur West Police Station is hereby quashed and set aside qua the applicants only. Consequently, all other proceedings arising out of the aforesaid F.I.R. are also quashed and set aside qua the applicants. (M. K. THAKKER,J) Vikramsinh Amarsinh Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VIKRAM SINGH(HCW0055), English Steno Grade II, at High Court of Gujarat on 20/03/2026 18:18:42