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2025 DAILYLAW 2767 (GUJ)

VIKRAM HARESHBHAI KANOJIYA (ABATED AS EXPIRED AS PER HON'BLE COURT'S ORDER DT. 16/04/2025) v. STATE OF GUJARAT

CR.MA/8700/2020 · 2025-04-16

J C Doshi

body2025

Judgment text

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R/CR.MA/8700/2020 ORDER DATED: 16/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 8700 of 2020 ========================================================== VIKRAM HARESHBHAI KANOJIYA (DELETED) & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: ARBAAZKHAN A PATHAN (9532) for the Applicant(s) No. 2,3 DELETED for the Applicant(s) No. 1 MOHAMADZAID I SAIYED(8411) for the Applicant(s) No. 2,3 MR.ADITYA J PANDYA(6991) for the Respondent(s) No. 2 MR SOHAM JOSHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 16/04/2025 ORAL ORDER 1. Learned advocate Mr. Smit Pandya states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama, which is granted. Learned advocate Mr.Pandya has identified respondent no.2 who is present in the Court. 2. Learned advocate for the applicants submit that applicant no.1 has expired. 3. Considering the facts and circumstances of the case and since it is jointly stated at the bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith. Page 1 of 3 R/CR.MA/8700/2020 ORDER DATED: 16/04/2025 4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the FIR being C.R.No.A-11191044200020 of 2020 registered with Ghatlodia Police Station, Ahmedabad for the offences under Sections 498(a), 495, 199 and 114 of Indian Penal Code and all the consequential proceedings arising therefrom. 5. Original complainant is present in the Court and she has filed affidavit. It is stated that affidavit is explained to her in Gujarati language by learned advocate Mr. Pandya. Respondent no.2 - complainant has verified contents of the affidavit. Relevant portion of affidavit reads as under :- "(3) I further state and submit that the dispute between me and the present applicants have been resolved by interference and indulgence of the common friends and well wishers. (4) Thus, the disputes are settled amicably in above mentioned terms and I do not wish to proceed with the above mentioned First Information Report. (5) Under such circumstances, I have no objection if the said First Information Report bearing No.A- 11191044200020 of 2020 is quashed and set aside entirely. (6) I am filing this affidavit out of my own free will and without any pressure or duress from anyone." 6. In view of above, in opinion of this Court, since parties have buried their dispute and dispute which is already buried need not to be allowed to roll further. Hence, to secure the ends R/CR.MA/8700/2020 ORDER DATED: 16/04/2025 of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C.. 7. In the result, the application is allowed. The impugned FIR being C.R.No.A-11191044200020 of 2020 registered with Ghatlodia Police Station, Ahmedabad as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant nos.2 and 3 herein. Since applicant no.1 has expired, the application qua applicant no.1 stands abated. Direct service is permitted. (J. C. DOSHI,J) SATISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SATISH CHANDRAMOHAN VEMULLA(HC00206), Principal Pvt Secretary, at High Court of Gujarat on 17/04/2025 11:18:31