R/SCR.A/2856/2025 ORDER DATED: 22/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 2856 of 2025 ============================================ PRATIK @ ROHIT DAYABHAI CHOVATIYA Versus STATE OF GUJARAT & ANR. ============================================ Appearance: M S PADALIYA(7406) for the Applicant(s) No. 1 MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 22/07/2025 ORAL ORDER 1. Learned Advocate Mr. Chinten M. Adeshra, states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama. The Registry is directed to accept the vakalatnama. . Heard learned advocates for the respective parties. 2. RULE. Learned advocates waive service of note 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, (hereinafter referred to as “BNSS”), the petitioner has prayed to quash and set aside the complaint being FIR No.11208003240923 of 2024 registered with Gandhigram 2 R/SCR.A/2856/2025 ORDER DATED: 22/07/2025 (University) Police Station, Rajkot City, for the offences under Sections 351(2), 351(3), 352 of the Bharatiya Nyaya Sanhita and all the consequential proceedings arising therefrom. 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 at Annexure – B which is placed on record. In the Affidavit, the original complainant has categorically stated that the dispute with the applicant/s 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 appeared through virtual mode and 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 fact that the dispute is in connection of financial transaction took place in Mumbai and keeping the grudge the petitioner used abusive language over mobile to the complainant and viral the photograph of husband of the petitioner and committed the offence, the dispute is private in nature and not against the State, the petitioner is having one past antecedent, the complainant has stated in her affidavit that it was just misunderstanding between her and the petitioner which is now R/SCR.A/2856/2025 ORDER DATED: 22/07/2025 amicably resolved, in the opinion of this Court, the further continuation of criminal proceedings against 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 528 of the BNSS. 7. In the result, the application is allowed. The impugned complaint being FIR No.11208003240923 of 2024 registered with Gandhigram 2 (University) Police Station, Rajkot 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 22/07/2025 18:47:12