Allowed

Vinubhai Amrutbhai Rabari Aka Vinubhai Chhaganbhai Rabari v. the State of Gujarat

Gujarat HC3 May 2021CR.MA/6197/2021

Case brief

AI extract

What is this about?

Single Bench of the Gujarat High Court allowed an application under Section 482 CrPC to quash an FIR registered against the applicants. The Court held that the dispute between the parties was amicably settled and confirmed by the complainant, making further trial futile.

What did the court decide?

The impugned FIR and all consequential proceedings arising therefrom against the applicants are quashed and set aside. Respondent No. 2 ordered to pay Rs. 10,000 as cost.

Vinubhai Amrutbhai Rabari Aka Vinubhai Chhaganbhai Rabari… — Quashing and FIR | Gujarat HC (2021)

¶1

R/CR.MA/6197/2021 ORDER

¶2

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

¶3

R/CRIMINAL MISC.APPLICATION NO. 6197 of 2021

¶4

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

¶5

VINUBHAI AMRUTBHAI RABARI AKA VINUBHAI CHHAGANBHAI
RABARI & 3 other(s)

¶6

Versus

¶7

THE STATE OF GUJARAT & 1 other(s)

¶8

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

¶9

Appearance:

¶10

MR MAULIK SONI FOR MR PARESHKUMAR A SUTHAR(9087) for
the Applicant(s) No. 1,2,3,4

¶11

MR ANVESH V VYAS(5654) for the Respondent(s) No. 2
MR RONAK RAVAL, ADDITIONAL PUBLIC PROSECUTOR(2) for
the Respondent(s) No. 1

¶12

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

¶13

CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

¶14

Date : 03/05/2021

¶15

ORAL ORDER

¶16

Rule. Learned APP, Mr.Ronak Raval for respondent no.1 – State and learned advocate, Mr. Anvesh V. Vyas for respondent no.2 – Original Complainant waives service of notice of Rule.

¶17

Heard learned advocate, Mr.Maulik Soni for learned advocate Mr.P.A. Suthar for the applicants, learned APP, Mr.Hardik Soni for respondent no.1 – State and learned advocate, Mr. Anvesh V. Vyas for respondent no.2 – Original Complainant, who is permitted to file his Vakalatnama in the Registry.

¶18

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

¶19

By way of the present application under Section 482 of the Code of Criminal Procedure, 1973 (for

¶20

Page 1 of 3

¶21

R/CR.MA/6197/2021 ORDER

¶22

short, the ‘Code’), the applicants pray for quashing and setting aside the FIR being C.R. No.11191015210241 of 2021 registered with Nikol Police Station, District Ahmedabad City for the offence punishable under Sections 324, 323, 294(b), 506(2) and 114 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act. 5. Learned advocate for the applicants has taken this Court through the factual matrix arising out of the present application.

¶23

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.17 of the compilation.

¶24

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.

¶25

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.

¶26

Resultantly, this application is allowed. The impugned FIR being C.R. No.11191015210241 of 2021

¶27

Page 2 of 3

¶28

R/CR.MA/6197/2021 ORDER

¶29

registered with Nikol Police Station, District
Ahmedabad City and all other consequential
proceedings arising out of said FIR are hereby
quashed and set aside qua the applicants only.

¶30

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.

¶31

(VIPUL M. PANCHOLI, J)

¶32

SRILATHA

¶33

Page 3 of 3

Vinubhai Amrutbhai Rabari Aka Vinubhai Chhaganbhai Rabari v. the State of Gujarat

Case brief

What is this about?

What did the court decide?

Vinubhai Amrutbhai Rabari Aka Vinubhai Chhaganbhai Rabari v. the State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Devipujak Dariyaben W/O Khemaji Parkhaji Vs State of Gujarat

Sanjay Satyanarayan Kheradi Vs State of Gujarat

Koli Vaghabhai Savdanbhai Vs State of Gujarat

Dilavar @ Karo Aslambhai Kureshi Vs State of Gujarat

Suresh Chhaganbhai Rabari Vs the State of Gujarat

Anandbhai Gagabhai Rabari Vs the State of Gujarat