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2025 DAILYLAW 6787 (GUJ)

DIVESH AJAY NAIDU v. STATE OF GUJARAT

SCR.A/13690/2025 · 2025-11-25

M R Mengdey

body2025

Judgment text

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R/SCR.A/13690/2025 ORDER DATED: 25/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 13690 of 2025 ========================================================== DIVESH AJAY NAIDU Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR MAYUR RAJGURU(1198) for the Applicant(s) No. 1 VEDANT J RAJGURU(9375) for the Applicant(s) No. 1 MS. MEGHA CHITALIYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 25/11/2025 ORAL ORDER 1. Learned Advocate Mr. Param Shah shall his Vakalatnama before the Registry. 2. Present application is preferred by the petitioner under Article 226 of the Constitution of India seeking quashing of FIR bearing CR. No.11191039250418 of 2025 dated 07.06.2025 registered with Sabarmati Police Station, Ahmedabad City for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023. 3. Heard learned Advocate for the petitioner and learned APP for the Respondent – State. 4. Rule. Learned APP waives service of notice for and on behalf of the respondent – State. 5. Learned Advocate for the petitioner has submitted that the matter has R/SCR.A/13690/2025 ORDER DATED: 25/11/2025 been amicably settled between the parties and they are now not willing to proceed with the complaint any further. 6. Leaned Advocate Mr. Param Shah appearing on behalf of Respondent No.2 (Original Complainant) has placed on record duly sworn in Affidavit dated 24.11.2025. The same is ordered to be taken on record. Learned Advocate has submitted that matter has been amicably settled between the parties and there is no objection if present application is allowed. The affidavit reads thus: “(2) I say and submit that I give my consent and have no objection if the said FIR lodged by me and proceedings arising there from against the present petitioner are quashed and set aside by this Hon’ble Court, as prayed for in the captioned petition.” 7. Considering averments made in the Affidavit as also the submissions made by the learned Advocates for the respective parties, the present application deserves to be allowed and is hereby allowed. The FIR bearing CR. No.11191039250418 of 2025 dated 07.06.2025 registered with Sabarmati Police Station, Ahmedabad City for the offences punishable under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 is hereby quashed and set aside qua the present petitioner. Rule is made absolute. (M. R. MENGDEY,J) RAVI OZA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAVI OZA(HCW0111), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 25/11/2025 17:35:08