Case Note & Summary
The present application was filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR I-C.R. No. 79 of 2017 registered with Raopura Police Station for offences under Sections 465, 467, 468, 471, and 114 of the Indian Penal Code, 1860. The FIR alleged that officials of Shriram Finance Company had prepared a false release order dated 01.05.2004 regarding Luxury Bus No. GJ-17-W-0008, and despite knowing that the release order had been quashed, produced it in various court proceedings. The applicants, Ashish Rameshbhai Shinde and another, contended that this was the third attempt by the complainant to initiate criminal proceedings on the same cause of action. Earlier, a private complaint being Criminal Complaint No. 516 of 2016 had been filed, which was dismissed. Subsequently, another FIR was registered but was quashed by the High Court. The present FIR was thus the third proceeding. The court heard arguments from learned advocate Mr. A. M. Dagli for the applicants, learned advocate Mr. M. M. Majumdar for the complainant, and learned APP Mr. Rawal for the State. The court found that the repeated filing of criminal proceedings on identical allegations amounted to an abuse of the process of law. Consequently, the court allowed the application and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Abuse of Process of Law - Repeated Prosecution - The court considered whether the third criminal proceeding on the same cause of action constituted an abuse of process. Held that initiating multiple proceedings on identical allegations is vexatious and liable to be quashed under Section 482 CrPC (Paras 1-3).
Issue of Consideration
Whether the FIR registered for offences under Sections 465, 467, 468, 471, and 114 of the Indian Penal Code, 1860, being the third criminal proceeding on the same cause of action, amounts to an abuse of the process of law and warrants quashing.
Final Decision
The application is allowed. The FIR being I-C.R. No. 79 of 2017 registered with Raopura Police Station for the offences punishable under Sections 465, 467, 468, 471, and 114 of the Indian Penal Code, 1860, and all consequential proceedings, are quashed and set aside.
Law Points
- Abuse of process of law
- Repeated prosecution on same cause of action
- Quashing of FIR
- Inherent powers under Section 482 CrPC
Case Details
2026 LawText (GUJ) (03) 275
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 14982 of 2017
MR ASHISH M DAGLI, MR P P MAJMUDAR, RONAK RAWAL
Ashish Rameshbhai Shinde & Anr.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal miscellaneous application for quashing of FIR
Remedy Sought
Quashing of FIR I-C.R. No. 79 of 2017 registered with Raopura Police Station for offences under Sections 465, 467, 468, 471, and 114 of the Indian Penal Code, 1860
Filing Reason
The applicants alleged that the FIR was the third criminal proceeding on the same cause of action, amounting to an abuse of the process of law.
Previous Decisions
Earlier, a private complaint being Criminal Complaint No. 516 of 2016 was filed and dismissed. Another FIR was registered but was quashed by the High Court.
Issues
Whether the FIR being the third criminal proceeding on the same cause of action constitutes an abuse of the process of law.
Submissions/Arguments
Learned advocate for the applicants submitted that the present FIR is the third attempt by the complainant to initiate criminal proceedings on the very same cause of action. Earlier, a private complaint was filed and dismissed, and another FIR was quashed by the High Court.
Ratio Decidendi
Initiating multiple criminal proceedings on the same cause of action amounts to an abuse of the process of law, and such FIRs are liable to be quashed under Section 482 of the Code of Criminal Procedure, 1973.
Judgment Excerpts
The present application has been preferred seeking quashing of the First Information Report being I-C.R. No. 79 of 2017 registered with Raopura Police Station, for the offences punishable under Sections 465, 467, 468, 471, and 114 of the Indian Penal Code, dated 31.05.2016.
Learned advocate Mr. Dagli appearing for the applicants has submitted that the present FIR is the third attempt made by the complainant to initiate criminal proceedings on the very same cause of action.
Procedural History
The applicants filed Criminal Misc. Application No. 14982 of 2017 before the High Court of Gujarat seeking quashing of FIR I-C.R. No. 79 of 2017. Earlier, a private complaint being Criminal Complaint No. 516 of 2016 was filed and dismissed. Another FIR was registered but was quashed by the High Court. The present application was heard on 23/03/2026 and allowed.
Acts & Sections
- Indian Penal Code, 1860: 465, 467, 468, 471, 114
- Code of Criminal Procedure, 1973: 482
