R/SCR.A/2785/2025 ORDER DATED: 15/07/202513 pt IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 2785 of 2025 ========================================================== PRAHLADBHAI MAGANBHAI PARMAR Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR HARIBHAI J PATEL(9810) for the Applicant(s) No. 1 MR KRUTIK PARIKH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 15/07/2025 ORAL ORDER 1. Learned advocate Mr. Dinesh Gautam states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama, which is granted. Heard learned advocates for the respective parties. 2. RULE. Learned advocates waive service of notice of rule on behalf of the respective respondents. 3. 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. 4. By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the applicant has prayed to quash and set aside the complaint being FIR C.R. No.I- 39/2019 registered with Danta Police Station, Banaskantha for the offences under Sections 153A and 295 of the Indian Penal Code (“IPC” for short) as well as all the R/SCR.A/2785/2025 ORDER DATED: 15/07/202513 pt consequential proceedings arising therefrom. 5. Learned advocate for the applicants submits that the applicants have nothing to do with the offence and they are falsely implicated in the offence. However, the matter has been amicably settled between the parties, and they have no objection if the complaint is quashed. Therefore, the application may be allowed. 6. 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, which is taken / placed on record. In the Affidavit, the original complainant have categorically stated that the dispute with the applicant 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. 7. Having heard the learned advocates on both sides and considering the documents on record, it appears that the accused has circulated one derogatory message in one Whats App Group viz., “Super News” creating a rift between two communities and also hurting feelings of a particular community. 8. It appears that the present application has been filed after the rejection of an earlier quashing application by a Coordinate Bench of this Court, which was filed by the present applicant. In R/SCR.A/2785/2025 ORDER DATED: 15/07/202513 pt the said order, the Coordinate Bench held that, so far as the submission made by the learned advocate for the applicant regarding the invocation of Section 295 of the IPC is concerned, it is required to be noted that the investigation has not yet been concluded, and based on the evidence that may be collected by the Investigating Officer upon conclusion of the investigation, the concerned Investigating Officer may file an appropriate report specifically stating that no offence under Section 295 of the IPC is made out, if that is the case. However, at this stage, before the conclusion of the investigation, the said aspect cannot be decided. 9. Now the matter has been amicably settled between the parties, and there is no material on record to indicate that, after the circulation of the message on the WhatsApp group, any untoward incident has occurred. No evidence has been found showing that any enmity or clash occurred between the two groups. 10. The applicant and the complainant belong to the same village, and with the intervention of community leaders, the dispute has been amicably settled. In this regard, the complainant has filed an affidavit on record stating that he has no objection if the complaint is quashed. Therefore, no fruitful purpose would be served to proceed with the matter further. 11 Section 153-A of the Indian Penal Code deals with promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc. To attract R/SCR.A/2785/2025 ORDER DATED: 15/07/202513 pt this section, there must be an intention to create enmity, hatred, or ill-will between two different groups. However, in the present case, no such intention is revealed. In this regard, the Court deems it appropriate to place reliance upon the law laid down by the Hon’ble Apex Court in the case of Javed Ahmed Hajam v. State of Maharashtra, 2024 SCC OnLine SC 249. 12. In view of 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), in the opinion of this Court, the further continuation of criminal proceedings against the applicant/s in relation to the impugned FIR would cause unnecessary harassment to the applicant/s. 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./528 of BNSS. 13. In the aforesaid backdrop, complaint is filed. It is necessary to consider whether the power conferred by the High Court under section 528 of BNSS/482 of the Code of Criminal Procedure is warranted. It is true that the powers under Section R/SCR.A/2785/2025 ORDER DATED: 15/07/202513 pt 528 of BNSS/482 Cr.P.C are very wide and the very plenitude of the power requires great caution in its exercise. The Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard-and-fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage as the Hon’ble Supreme Court has decided in the case of Central Bureau of Investigation vs. Ravi Shankar Srivastava, IAS & Anr., reported in AIR 2006 SC 2872. 14. In the result, the application is allowed . The impugned complaint being C.R. No.I- 39/2019 registered with Danta Police Station, Banaskantha as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside. Rule is made absolute to the aforesaid extent. Direct service is permitted. If the applicant is in jail, the jail authority concerned is directed to release the applicant forthwith, if not required in connection with any other case. (HASMUKH D. SUTHAR,J) ALI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 16/07/2025 15:12:06