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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIMAL K.VYAS
Maksud Ahmed Fakirmohammed Shaikh – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
Vimal K. Vyas, J.
1. Learned advocate Mr.Vishrut Bhandari appears and submits that he has instructions to appear on behalf of the respondent no.2 – original complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.
2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants- original accused seek to invoke the inherent powers of this Court, praying to quash and set- aside the First Information Report being C.R.No.I- 76 of 2019 registered with the Navrangpura Police Station, Ahmedabad, for the offences punishable under Sections 406 , 420, 114, 465, 467, 468, 471 of the Indian Penal Code; the charge sheet as well as the proceedings of the Criminal Case No.17934 of 2020 pending before the learned Additional Chief Judicial Magistrate, Ahmedabad, so also all other consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the original complainant, who is personally present before this Court, has produced her identity proof as well as further affidavit, which are ordered to be taken on record. In the further affidavit, the complainant has categori
The court can quash FIR and related proceedings when the original complainant amicably resolves the dispute and withdraws the complaint, preventing unnecessary abuse of legal process.
The court may quash FIR and proceedings where disputes are amicably resolved, affirming its role in preventing abuse of process of law.
Quashing of FIR permitted when parties amicably resolve disputes, and continuation of proceedings is deemed an abuse of process.
The court has the discretion to quash FIRs when disputes are amicably resolved between parties, preventing an abuse of legal processes.
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