NEHAL VRAJESH SHETH 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 2024-03-07. NEHAL VRAJESH SHETH v. STATE OF GUJARAT. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 7116 of 2022 With R/CRIMINAL MISC. APPLICATION NO. 7610 of 2022 ================================================================ NEHAL VRAJESH SHETH Versus STATE OF GUJARAT & ANR. ============================================================================== Appearance: MR JEET J BHATT(6154) for the Applicant(s) No. 1 DHRUV H SHAH(9102) for the Respondent(s) No. 2 MS CM SHAH, APP for the Respondent(s) No. 1 SUDHANSHU A JHA(8345) for the Respondent(s) No. 2 ================================================================ CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 07/03/2024 COMMON ORAL ORDER 1. Mr. Dhruv H. Shah, learned advocate states that he has instructions to appear for and on behalf of respondent no. 2 and he will file his Vakalatnama in the Registry. Registry is directed to accept the same. Learned advocate for respondent no.
2 has placed on record the affidavit, same is taken on record. 2. By way of these applications 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 F. I. R. bearing C. R. No. 11191030220023 of 2022 registered with Ahmedabad City, Mahila Police Station (West), District: Ahmedabad for the offences punishable under Sections 498-A, 294(b), 406, 506(2) & Section 114 of IPC and to quash all other consequential proceedings arising out of the aforesaid FIR qua the applicants. 3. Heard learned advocate for the applicants and learned advocate for the respondent no. 2 – complainant. 4.
Both the learned advocates would submit that during the pendency of present petitions, the matter are amicably settled amongst the parties and therefore, any further continuation of the proceedings pursuant to the impugned FIR would create hardship to the parties and further continuation of the proceedings would amount to abuse of process of law. 5. Learned APP has opposed the applications and submitted that looking to averments made in the FIR, complaint may not be quashed. 6. The complainant – respondent No. 2 in both the applications has filed affidavit stating inter-alia the facts that the matter are amicably settled with the applicants. The private respondent no. 2 has confirmed the facts of settlement and contents of the affidavit in support of the petitions. 7. Having heard the learned counsel for the parties and considering the facts of settlement and law laid down by the Apex Court [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. reported in 2014 (2) Crime 67 (SC),] this Court is of the considered view that further continuation of the criminal proceedings in relation to the impugned FIR would nothing but unnecessary harassment to the parties and trial thereon would be futile and further continuation of the proceedings would amount to abuse of process of law. Thus, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code. 8. Resultantly, these applications are allowed and the impugned F. I. R. bearing I. C. R. No.
11191030220023 of 2022 registered with Ahmedabad City, Mahila Police Station (West), District - Ahmedabad filed against present applicants are 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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