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2018 Supreme(SC) 1721

A.K.SIKRI, ASHOK BHUSHAN, AJAY RASTOGI
Varshaben Kantilal Purani – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Shobha Gupta, AOR Mr. Sourav Roy, Adv. Ms. Devahuti Tamuli, Adv. Mr. Pritesh Kumar, Adv. Mr. Mohsin Sayed, Adv.
For the Respondent: Ms. Hemantika Wahi, AOR Ms. Jesal Wahi, Adv. Ms. Puja Singh, Adv. Ms. Vishakha, Adv. Mr. Rahul Gupta, AOR

ORDER :

1. Leave granted.

2. The appellant is aggrieved by the Judgment dated 27.01.2017 passed by the High Court of Gujarat in CR-MA No. 14624/2007 whereby the High Court exercising its inherent jurisdiction has quashed the FIR being Crime Register No. I-284 of 2007 registered at J.P. Road Police Station, Vadodara, lodged by the appellant herein, with the observation that the second complaint is not only non-maintainable but has the colour of abuse of process of law at the instance of respondent No. 2 (appellant herein).

3. Learned counsel for the appellant placing reliance on a catena of Judgments of this Court submits that the subsequent FIR lodged by the appellant herein is based on entirely independent facts against a different set of people and relates to a completely different time period with a gap of 2½ years. He further submits that an FIR cannot be quashed by terming the same as second FIR simply because the complainant is the same person, offence relates to same company and the Police Station is same.

4. Per contra, learned counsel for the respondents submits that the High Court has rightly quashed the FIR after taking into consideration the facts and circumstances of the c

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