R/CR.MA/5748/2025 ORDER DATED: 20/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR CONSENT QUASHING) NO.5748 of 2025 ========================================================== FAHIM ABUBAKAR PATEL & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance : MR. DHRUVIN U MEHTA for the Applicants. MR RONAK RAVAL, APP for the Respondent No.1. MR RAHUL PATEL for the Respondent No.2. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 20/06/2025 ORAL ORDER 1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. Rahul Patel states that he has instructions to appear for the original complainant – respondent No.2. He is directed to file his appearance forthwith. The complainant states that the matter is settled between the parties. 2. Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of Rule on behalf of the respective respondents. 3. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicants and respondent No.2 has been resolved amicably, this application is taken up for final disposal forthwith. Page 1 of 4 R/CR.MA/5748/2025 ORDER DATED: 20/06/2025 4. By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ”BNSS”), the applicants have prayed for quashing and setting aside F.I.R. No.11214068250113 of 2025 registered with Kim Police Station, Dist. Surat for the commission of offence punishable under Sections 115(2), 117(2), 352, 351(2), 296 and 54 of the Bharatiya Nyaya SAnhita, 2023 as well as quash all other consequential proceedings arising out of the aforesaid FIR qua the applicants. 5. Learned advocate for the applicants has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue and therefore, any further continuance of the proceedings pursuant to the impugned FIR as well as any further proceedings arising therefrom would create hardship to the applicants. It is submitted that respondent No.2 has filed an affidavit in these proceedings and has declared that the dispute between the applicants and respondent No.2 is resolved due to intervention of trusted persons of the society. It is further submitted that in view of the fact that the dispute is resolved, the trial would be futile and any further continuance of the proceedings would amount to abuse of process of law. It is therefore submitted that this Court may exercise its inherent powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and allow the application as prayed for. 6. Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, the complaint in R/CR.MA/5748/2025 ORDER DATED: 20/06/2025 question may not be quashed and the present application may be rejected. 7. Learned advocate for respondent No.2 has reiterated the contentions raised by the learned advocate for the applicants. The learned advocate for respondent No.2 also relied upon the affidavit filed by respondent No.2 – Samad Abdul Rehman Shah dated 11.3.2025. Respondent No.2 is present through virtual mode before the Court and is identified by learned advocate for respondent No.2. On inquiry made by the Court, respondent No.2 has declared before this Court that the dispute between the applicants and the respondent No.2 is resolved due to intervention of trusted persons of the society and therefore, now the grievance stands redressed and he does not have any objection if the impugned FIR is quashed. It is therefore submitted that the present application may be allowed. 8. Having heard learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicants would be unnecessary harassment to the applicants. It appears that the trial would be futile and further continuance of the proceedings R/CR.MA/5748/2025 ORDER DATED: 20/06/2025 pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 9. Resultantly, this application is allowed and the impugned F.I.R. No.11214068250113 of 2025 registered with Kim Police Station, Dist. Surat filed against the present applicants is hereby quashed and set aside qua the applicants. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicants. Rule is made absolute. Direct service is permitted. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 20/06/2025 17:02:31