Allowed

Bhagubhai Motisang Jadeja v. State of Gujarat

Gujarat HC4 May 2021CR.MA/5142/2021

Case brief

AI extract

What is this about?

This High Court allowed an application under Section 482 CrPC to quash an FIR involving offences under the IPC and SC/ST Act. The court held that since the dispute was amicably settled by the parties, further proceedings were futile and would constitute an abuse of process.

What did the court decide?

Impugned FIR registered with Bhachau Police Station and all consequent proceedings against the applicant were quashed and set aside. Respondent No.2 ordered to pay Rs. 5,000 as costs.

Bhagubhai Motisang Jadeja Vs State of Gujarat — Quashing and FIR | Gujarat HC (2021)

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R/CR.MA/5142/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 5142 of 2021

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BHAGUBHAI MOTISANG JADEJA

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Versus

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STATE OF GUJARAT

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

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MR ABHAYKUMAR P SHAH(3093) for the Applicant(s) No. 1
MR HITENDRASINH B VAGHELA(11113) for the
Respondent(s) No. 2

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MR RONAK RAVAL, 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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Rule. Learned APP, Mr. Ronak Raval for respondent no.1 – State and learned advocate, Mr. Hitendrasinh B. Vaghela for respondent no.2 – Original Complainant waives service of notice of Rule.

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Heard learned advocate, Mr.Abhaykumar P. Shah for the applicant, learned APP, Mr. Ronak Raval for respondent no.1 – State and learned advocate, Mr. Hitendrasinh B. Vaghela for respondent no.2 – Original Complainant.

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With the consent of learned advocate for the applicant 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

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Page 1 of 3

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R/CR.MA/5142/2021 ORDER

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short, the ‘Code’), the applicant prays for
quashing and setting aside the FIR being C.R.
No.11993004210056 of 2021 registered with Bhachau
Police Station for the offence punishable under
Sections 323, 354(A), 452, 506(2) and 507 of the
Indian Penal Code as well as Sections 3(1)(w)(i)
and 3(2)(v-A) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act.

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Learned advocate for the applicant 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 of the compilation.

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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 her 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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Resultantly, this application is allowed. The

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Page 2 of 3

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R/CR.MA/5142/2021 ORDER

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impugned FIR being C.R. No.11993004210056 of 2021
registered with Bhachau Police Station and all
other consequential proceedings arising out of
said FIR are hereby quashed and set aside qua the
applicant 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

Bhagubhai Motisang Jadeja v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Bhagubhai Motisang Jadeja v. State of Gujarat

Case brief

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