Gujarat High Court
Piyush Haribhai Parmar vs State Of Gujarat on 16 January, 2025
NEUTRAL CITATION
R/SCR.A/16694/2024 ORDER DATED: 16/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
16694 of 2024
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PIYUSH HARIBHAI PARMAR & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS RAKSHA S KHATED(12987) for the Applicant(s) No. 1,2,3,4,5,6
MS CHETNA M. SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT
Date : 16/01/2025
ORAL ORDER
1. Learned advocate Mr. Kishan Nayi states that he has
instructions to appear for respondent-complainant. He is
permitted to file his Vakalatnama in the Registry within two days
and the Registry shall accept the same. The affidavit of the
complainant is already taken on record.
2. Learned advocate for the complainant has cited the
affidavit of the complainant, which is already taken on record.
Respondent-complainant is present before the Court and admits
correctness and genuineness of the affidavit filed by him through
his learned advocate. Learned advocate identifies respondent-
complainant and confirms correctness and genuineness of the
affidavit filed by him.
3. Rule returnable forthwith. Learned A.P.P. and learned
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NEUTRAL CITATION
R/SCR.A/16694/2024 ORDER DATED: 16/01/2025
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advocate Mr. Kishan Nayi waive service of Rule for respondent
Nos.1 and 2 respectively. Learned APP objects quashment of
present proceedings on the premise of settlement.
4. With the consent of learned advocate for the applicants
and learned advocate for respondents, present application is
taken up for final disposal today.
5. By way of the present application under Section 482 of the
Code of Criminal Procedure, 1973 (for short, the ‘Code’), the
applicant/s prays for quashing the FIR being C.R.No.
11993004210189 of 2021 registered with Police Station-
Bhachau for the offences mentioned therein and further
proceedings arising out of the same, if any.
6. Heard learned advocates. Learned advocate for the
applicants has taken this Court through the factual matrix arising
out of the present application.
7. At the outset, it is submitted that the parties have amicably
resolved the dispute. In support of such submission made at bar
by the learned advocates appearing for the respective parties,
they have placed on record affidavit of settlement of dispute
duly signed by the respondent-complainant.
8. Since now, the dispute with reference to the impugned
F.I.R. is settled and resolved by and between parties which is
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NEUTRAL CITATION
R/SCR.A/16694/2024 ORDER DATED: 16/01/2025
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confirmed by the original complainant through his learned
advocate, in view of the decision in case of Gian Singh v. State of
Punjab & Another, reported in (2012) 10 SCC 303, Narinder Singh &
Ors. Vs. State of Punjab and another reported in 2014(2) Crime 67
(SC) and Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and
others Vs. State of Gujarat, recorded on Criminal Appeal No.1723
of 2017 dated 4.10.2017, more particularly, paragraph 15 thereof,
the trial would be futile and any further continuation of
proceedings would amount to abuse of process of law.
Therefore, the impugned F.I.R. is required to be quashed and set
aside.
9. Resultantly, this application is allowed. Impugned F.I.R.
being C.R.No. 11993004210189 of 2021 for the offences
mentioned therein and all other consequential proceedings
arising out of said FIR are hereby quashed and set aside qua the
applicants only.
10. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(SANDEEP N. BHATT,J)
SALIM/
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