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2025 DAILYLAW 6863 (GUJ)

NILESH NARANBHAI PARMAR v. STATE OF GUJARAT

CR.MA/18475/2023 · 2025-11-12

Ilesh J Vora

body2025

Judgment text

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R/CR.MA/18475/2023 ORDER DATED: 12/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 18475 of 2023 ========================================================== NILESH NARANBHAI PARMAR & ORS. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR AM PAREKH(562) for the Applicant(s) No. 1,2,3,4 HCLS COMMITTEE(4998) for the Respondent(s) No. 3 MS MEDHA N PANDYA(6171) for the Respondent(s) No. 3 MR J K SHAH, APP for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 12/11/2025 ORAL ORDER 1. 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 F.I.R. bearing C.R.No.I-11191008230532 of 2023 registered with Chandkheda Police Station, Dist.- Ahmedabad City for the o5ences punishable under Sections 498A, 323, 294(b) and 114 of IPC and Sections 3 and 7 of Dowry Prohibition Act and to quash all other consequential proceedings arising out of the aforesaid FIR qua the applicants. 2. Heard Mr. A.M. Parekh, learned advocate for the applicants, Mr. J.K. Shah, learned APP for the respondent No.1-State and Ms. Medha Pandya, learned advocate for the respondent no.3 – complainant. Page 1 of 3 R/CR.MA/18475/2023 ORDER DATED: 12/11/2025 3. Both the learned advocates would submit that during the pendency of present petition, the matter is amicably settled amongst the parties and therefore, any further continuation of the proceedings pursuant to the impugned FIR would create hardship to the parties and further continuation of the proceedings would amount to abuse of process of law. 4. Learned APP has strongly opposed this application. 5. The complainant–respondent No.3 – Preet D/o. Govindbhai Dhulabhai Makwana has >led a?davit stating inter-alia the fact that the matter is amicably settled with the applicants which is ordered to be taken on record and therefore, in the interest of justice, FIR may be quashed and set aside. 6. Having heard the learned counsel for the parties and considering the facts of settlement and law laid down by the Apex Court [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),] R/CR.MA/18475/2023 ORDER DATED: 12/11/2025 this Court is of the considered view that further continuation of the criminal proceedings in relation to the impugned FIR would nothing but unnecessary harassment to the parties and trial thereon would be futile and further continuation of the proceedings would amount to abuse of process of law. Thus, 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. 7. Resultantly, this application is allowed and the impugned F.I.R. bearing C.R.No.I-11191008230532 of 2023 registered with Chandkheda Police Station, Dist.- Ahmedabad City >led against present applicants is hereby quashed and set aside and all other proceedings arising out of the aforesaid FIR are also quashed and set aside. Accordingly, Rule is made absolute. Direct service is permitted. (ILESH J. VORA,J) TAUSIF SAIYED Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: TAUSIFAHMED SAIYED(HC01401), PRIVATE SECRETARY, at High Court of Gujarat on 12/11/2025 16:21:29