R/SCR.A/1607/2024 ORDER DATED: 12/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1607 of 2024 ============================================ KAILASHBHAI GOPALBHAI JAIN Versus STATE OF GUJARAT & ANR. ============================================ Appearance: MR. NITESH G JAIN(7178) for the Applicant(s) No. 1 DHRUV TOLIYA(9249) for the Respondent(s) No. 2 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 12/08/2025 ORAL ORDER 1) RULE. Learned advocates waive service of notice of rule on behalf of the respective respondents. 2) Considering the facts and circumstances of the case and since it is jointly stated at the Bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith. 3) By way of present petition under Section 482 of the Code OF Criminal Procedure (hereinafter referred to as “CRPC”), the petitioner has prayed to quash and set aside the complaint being FIR No.11191010230121 of 2023 registered with Madhavpura Police Station, Ahmedabad City for the offences under Sections 465, 467, 468 and 471 of Indian Penal Code, 1860 and all the consequential proceedings arising therefrom. 4) The complaint is filed by respondent no.2 against his nephew i.e. petitioner herein, alleging that his father had brought a Toyota Innova Crysta car having Reg. No.GJ-01-HW-9054, for his personal use. The father of the complainant was expired in the R/SCR.A/1607/2024 ORDER DATED: 12/08/2025 year 2021. The petitioner forged the documents of the said car and transferred in his name by forging the signature of deceased father of the complainant in NOC, Form 35(c) and in RTO documents Form Nos.29 and 30. 5) Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit dated 12.08.2025 which is taken on record. In the Affidavit, the original complainant has categorically stated that the dispute with the petitioner has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them. The complainant is present in-person and identified by his learned Advocate. The complainant has admitted the factum of settlement. 6) Having heard learned advocates on both the sides and considering the facts and circumstances of the case as also the principle laid down by the Apex Court in the cases of (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), considering the facts that the dispute is private in nature and now the parties have settled the same, the relationship of uncle and nephew between the petitioner and complainant no purpose would serve in continuing the proceedings, in the opinion of this Court, the further continuation of criminal proceedings against R/SCR.A/1607/2024 ORDER DATED: 12/08/2025 the petitioner in relation to the impugned FIR would cause unnecessary harassment to the petitioner. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C.. 7) In the result, the petition is allowed. The impugned complaint being FIR No.11191010230121 of 2023 registered with Madhavpura Police Station, Ahmedabad City as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner herein. Rule is made absolute. Direct service is permitted. If the petitioner is in jail, the jail authority concerned is directed to release the petitioner forthwith, if not required in connection with any other case. (HASMUKH D. SUTHAR,J) ANKIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 13/08/2025 09:55:16