Allowed

Tushar Dashrathbhai Bhatiya v. State of Gujarat

Gujarat HC11 Dec 2023CR.MA/668/2022

Case brief

AI extract

What is this about?

The High Court of Gujarat allowed an application for quashing of FIR citing mutual settlement and abuse of process. Relying on precedent, the court held continuation of proceedings unnecessary and quashed the FIR and consequential proceedings.

What did the court decide?

The impugned FIR C.R. No.I-11209001210049 of 2021 and other consequential proceedings are quashed and set aside.

Tushar Dashrathbhai Bhatiya Vs State of Gujarat — Quashing and FIR | Gujarat HC (2023)

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R/CR.MA/668/2022 ORDER DATED: 11/12/2023

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 668 of 2022

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TUSHAR DASHRATHBHAI BHATIYA

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Versus

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STATE OF GUJARAT

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Appearance:

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MR NILESH I JANI(3558) for the Applicant(s) No. 1,2,3,4 MR.HIREN M MODI(3732) for the Respondent(s) No. 2 MS MAITHILI MEHTA, APP for the Respondent(s) No. 1

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CORAM: HONOURABLE MR. JUSTICE ILESH J. VORA

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Date : 11/12/2023

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ORAL ORDER

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Heard Mr. Nilesh Jani, learned counsel for the applicants, Ms. Maithili Mehta, learned APP for the respondent State and Mr. Hiren Modi, learned counsel for respondent No.2 – original complainant.

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Rule . Learned advocates appearing for the respective respondents waive service of Rule on behalf of the respective respondents.

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Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicants and respondent No.2 has been resolved amicably, this matter is taken up for final disposal forthwith.

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Page 1 of 3

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R/CR.MA/668/2022 ORDER DATED: 11/12/2023

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By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ”the Code”), the applicants have prayed for quashing and setting aside FIR being C.R. No.I-11209001210049 of 2021 registered with Mahila Police Station, Himmatnagar Dist: Sabarkantha, for the offences as mentioned in the FIR as well as other consequential proceedings arising thereto.

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Learned counsel for the respective parties submitted that during pendency of the criminal proceedings, as referred to above, the parties have amicably settled their issue by way of mutual settlement and pursuant to understanding arrived at between them, the Respondent No.2 has accordingly filed an affidavit, which is ordered to be taken on record. The complainant has categorically stated in the affidavit that the dispute is resolved between them and she has no objections if the present proceedings are quashed and there is no surviving grievance between them.

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Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present applications as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr. , reported in (2012) 10 SCC 303 , Madan Mohan Abbot Vs. State of Punjab , reported in (2008) 4 SCC 582 , Nikhil Merchant Vs. Central Bureau of Investigation & Anr. , reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors. , reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr.

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Page 2 of 3

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R/CR.MA/668/2022 ORDER DATED: 11/12/2023

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reported in 2014 (2) Crime 67 (SC) , it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicants would be unnecessary harassment to the applicants. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.

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Resultantly, this application is allowed. The impugned FIR being C.R. No.I-11209001210049 of 2021 registered with Mahila Police Station, Himmatnagar Dist: Sabarkantha as well as other consequential proceedings are hereby quashed and set aside qua the applicants herein. Accordingly, Rule is made absolute. Direct service is permitted.

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(ILESH J. VORA,J)

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TAUSIF SAIYED

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Page 3 of 3

Tushar Dashrathbhai Bhatiya v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Tushar Dashrathbhai Bhatiya v. State of Gujarat

Case brief

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