Allowed

Suresh Chhaganbhai Rabari v. the State of Gujarat

Gujarat HC3 May 2021CR.MA/6154/2021

Case brief

AI extract

What is this about?

Criminal miscellaneous application filed under Section 482 CrPC seeking quashing of FIR. Court noted dispute settled amicably with affidavit filed. Held trial futile and abuse of process. Allowed application, quashed FIR and consequential proceedings.

What did the court decide?

Application allowed; Impugned FIR C.R. No.11191037210204 of 2021 registered with Odhav Police Station and all consequential proceedings quashed and set aside qua applicants only.

Suresh Chhaganbhai Rabari Vs the State of Gujarat — Quashing and FIR | Gujarat HC (2021)

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R/CR.MA/6154/2021 ORDER

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION NO. 6154 of 2021

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SURESH CHHAGANBHAI RABARI & 1 other(s)

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Versus

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THE STATE OF GUJARAT & 1 other(s)

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Appearance:

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MR ANVESH V VYAS(5654) for the Applicant(s) No. 1,2
MR MAULIK SONI FOR MR PARESHKUMAR A SUTHAR(9087) 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 : 03/05/2021

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ORAL ORDER

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Rule. Learned APP, Mr. Hardik Soni for respondent no.1 – State and learned advocate, Mr. Maulik Soni for respondent no.2 – Original Complainant waives service of notice of Rule.

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Heard learned advocate, Mr. Anvesh V. Vyas for the applicants, learned APP, Mr. Hardik Soni for respondent no.1 – State and learned advocate, Mr. Maulik Soni for learned advocate Mr.P.A. Suthar 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

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Page 1 of 3

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R/CR.MA/6154/2021 ORDER

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quashing and setting aside the FIR being C.R.
No.11191037210204 of 2021 registered with Odhav
Police Station, District Ahmedabad City, for the
offence punishable under Sections 323, 294(b),
506(2) and 114 of the Indian Penal Code.

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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.16 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 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.10,000/(Rupees Ten 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 impugned FIR being C.R. No.11191037210204 of 2021 registered with Odhav Police Station, District Ahmedabad City and all other consequential

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Page 2 of 3

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R/CR.MA/6154/2021 ORDER

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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. 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

Suresh Chhaganbhai Rabari v. the State of Gujarat

Case brief

What is this about?

What did the court decide?

Suresh Chhaganbhai Rabari v. the State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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