Extracted from the PDF above. The PDF is authoritative.
R/CR.MA/8014/2025 ORDER DATED: 23/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 8014 of 2025 ========================================================== SANDIP CHAGANBHAI SALAT & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR NAUMAN S QURESHI(10669) for the Applicant(s) No. 1,2,3,4 MR SHAKEEL A QURESHI(1077) for the Applicant(s) No. 1,2,3,4 MR SOAHAM JOSHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 23/04/2025
ORAL ORDER
1. Learned advocate Mr. Mahesh K. Poojara has received instruction to appear on behalf of respondent No.2 – original complainant. He is permitted to file his Vakalatnama in the Registry. Registry to accept the same. 2. Rule. Learned APP Mr. Soaham Joshi and learned advocate Mr. Poojara waive service of notice of Rule for respondent no.1 – State and respondent no.2 – original complainant, respectively. 3. With the consent of learned advocates appearing for the parties, present application is taken up for
R/CR.MA/8014/2025 ORDER DATED: 23/04/2025 final disposal today. 4. This application is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita for quashing and setting aside the FIR being C.R.No.11824002250336 of 2025 registered with Valod Police Station, District Tapi for the offence punishable under Sections 331(2), 305(a) and 54 of the Bharatiya Nyaya Sanhita, 2023 and all other consequential proceedings arising out of said FIR, qua the applicants. 5. When the matter is called out, learned advocate for the applicants submitted that the dispute is amicably settled between the parties. Learned advocate for respondent No.2 – original complainant has also submitted that the dispute is amicably settled between the parties. Affidavit of the respondent No.2 – original complainant as well as victims are placed on record. In the said affidavits, complainant as well as victims have stated that the dispute is amicably resolved between the parties and therefore if the FIR in question is quashed and set aside qua the applicants, they have no objection. Complainant as well as victims are also present in the Court. Learned advocate for the respondent No.2 has identified them. 6. Learned APP has opposed this application by contending that serious allegations are levelled
R/CR.MA/8014/2025 ORDER DATED: 23/04/2025 against the applicants – accused and therefore on the ground of settlement, this Court may not quash and set aside the FIR in question. 7.
Since now, the dispute with reference to the impugned FIR is settled and resolved by and between parties, which is confirmed by the original complainant through his learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Therefore, the impugned FIR is required to be quashed and set aside. 8. Resultantly, this application is allowed. The impugned FIR being C.R.No.11824002250336 of 2025 registered with Valod Police Station, District Tapi and all other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicants. 9. Rule is made absolute to the aforesaid extent. Direct service is permitted. (J. C. DOSHI,J) LAVKUMAR J JANI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: LAVKUMAR JAYANTBHAI JANI(HC00210), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/04/2025 17:50:48