ISHWARBHAI DHULABHAI SENMA v. STATE OF GUJARAT
Court: High Court of Gujarat
Bench: HONOURABLE MR. JUSTICE ILESH J. VORA
Judgment date:
Case summary
High Court of Gujarat judgment dated 2024-02-26. ISHWARBHAI DHULABHAI SENMA v. STATE OF GUJARAT. Read the judgment and case details on LawSphereX.
Judgment text
R/CR. MA/21154/2022 ORDER DATED: 26/02/2024 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 21154 of 2022 ================================================================ ISHWARBHAI DHULABHAI SENMA & ORS. Versus STATE OF GUJARAT & ANR. ============================================================================== Appearance: MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1,2,3,4,5,6 MR TEJAS P SATTA(3149) for the Respondent(s) No. 2 MR JAY MEHTA, APP for the Respondent(s) No. 1 ================================================================ CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 26/02/2024 ORAL ORDER 1. Consent affidavit along-with the copy of divorce agreement tenders by learned advocate Mr. Tejas P. Satta is ordered to be placed on record. Private respondent is present before this Court and upon inquiry, she agrees to quash and set aside the questioned FIR. 2.
In view of the factum of compromise, more particularly, dissolution of marriage, initiation of proceedings of the FIR would amount to gross abuse of process of law of this Court. In such circumstances, this is a fit case to exercise the powers in favour of the applicants to quash the FIR. 3. Resultantly, this application is allowed and the impugned F. I. R. bearing I. C. R. No. 11206062220508 of 2022 registered with Satlashna Police Station, District: Mehsana filed against present applicants is hereby quashed and set aside and all other proceedings arising out of the aforesaid FIR are also quashed and set aside. Direct service permitted. (ILESH J. VORA,J) Manoj Kumar Rai
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