Allowed

Manishkumar Narayanbhai Parmar v. State of Gujarat

Gujarat HC4 May 2021CR.MA/3466/2021

Case brief

AI extract

What is this about?

Held that the FIR under Sections 323, 504, 506(2), 114 IPC and Section 135 of the Gujarat Police Act be quashed, as the dispute between parties was amicably settled and complaintant expressed no objection to the quashing via affidavit and video conferencing call.

What did the court decide?

The impugned FIR No. C.R. No.11184002210063 of 2021 and all consequential proceedings are quashed and set aside qua the applicants. Respondent No. 2 shall pay court fees of Rs. 5,000.

Manishkumar Narayanbhai Parmar Vs State of Gujarat — Quashing and FIR | Gujarat HC (2021)

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R/CR.MA/3466/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 3466 of 2021

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=====================================================

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MANISHKUMAR NARAYANBHAI PARMAR

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Versus

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STATE OF GUJARAT

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=====================================================
Appearance:

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MR JAYDEEP H SINDHI(9585) for the Applicant(s) No.
1,2

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MR GANESHKUMAR C TRIVEDI(9615) for the Respondent(s)
No. 2

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MR HARDIK SONI, ADDITIONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1

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=====================================================

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CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

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Date : 04/05/2021

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ORAL ORDER

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Heard learned advocate, Mr.Jaydeep H. Sindhi for the applicants, learned APP, Mr. Hardik Soni for respondent no.1 – State and learned advocate, Mr. Ganeshkumar C. Trviedi for respondent no.2 – Original Complainant.

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With the consent of learned advocate for the applicants and learned advocate for respondents, present application is taken up for final disposal today.

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By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘Code’), the applicants pray for quashing and setting aside the FIR being C.R. No.11184002210063 of 2021 registered with Chhotaudepur Police Station, District Chhotaudepur, for the offence punishable under

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Page 1 of 3

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R/CR.MA/3466/2021 ORDER

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Sections 323, 504, 506(2) and 114 of the Indian
Penal Code and Section 135 of the Gujarat Police
Act.

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Learned advocate for the applicants has taken this Court through the factual matrix arising out of the present application.

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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 No.2 – complainant, copy of which is placed on record at Page No.11 of the compilation.

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Respondent No.2 – Krishnakant Shanantbhai Kelaiya is present before this Court through videoconferencing. When inquired, respondent No.2 has stated that the dispute is settled and, therefore, if the impugned FIR is quashed, he has no objection.

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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.

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Respondent No.2 shall pay the cost of Rs.5,000/(Rupees Five Thousand only) before the concerned District Legal Services Authority within a period of one month from the date of receipt of this order.

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Page 2 of 3

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R/CR.MA/3466/2021 ORDER

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Resultantly, this application is allowed. The impugned FIR being C.R. No.11184002210063 of 2021 registered with Chhotaudepur Police Station, District Chhotaudepur and all other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the applicants only.

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Rule is made absolute to the aforesaid extent. Direct service is permitted . Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.

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(VIPUL M. PANCHOLI, J)

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SRILATHA

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Page 3 of 3

Manishkumar Narayanbhai Parmar v. State of Gujarat

Case brief

What is this about?

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Manishkumar Narayanbhai Parmar v. State of Gujarat

Case brief

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