R/SCR.A/4790/2025 ORDER DATED: 16/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 4790 of 2025 ========================================================== DIPTIBEN @ MITHIBEN VINUBHAI @ LALO PATEL & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: KARAN Y VYAS(8539) for the Applicant(s) No. 1,2 MR CHINTAN DAVE, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 16/04/2025 ORAL ORDER 1. Rule returnable forthwith. Mr. Chintan Dave, the learned APP waives service of notice of rule for and on behalf of the respondent – State of Gujarat. Mr. Janak Parmar, learned advocate waives service of notice of rule for and on behalf of the for the respondent no.2 – original complainant. 2. By this application under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, the applicants-original accused seek to invoke the inherent powers of this Court praying for quashing of the proceedings of the FIR being C.R. No.11215014210086 of 2021 registered with Khambholaj Police Station, Anand for the offence punishable under Sections-323, 504, 506, 114 of IPC read with Sections-3(1)(r), 3(1)(h), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Page 1 of 4 R/SCR.A/4790/2025 ORDER DATED: 16/04/2025 3. Heard learned advocates appearing for the respective parties. 4. Mr. Karan Vyas, learned advocate appearing for the applicants submits that pursuant to the registration of the FIR, investigation was carried out and charge-sheet is yet not filed. As soon as the said fact came to the knowledge of the applicants, they have approached this Hon’ble Court by way of preferring present application. Learned advocate further submits that during the pendency of present proceedings, the matter has already been settled between the parties and the complainant is not willing to carry out the proceedings further. The complainant has filed afÏdavit specifically stating the said fact that if the proceedings of present complaint is quashed, in that event, she has no objection. An afÏdavit to that effect has also been filed by the complainant. It is, therefore, urged that the present application may be allowed. 5. Learned advocate Mr. Janak Parmar for the respondent no.2 – original complainant has submitted that the respondent no.2 – complainant has personally remained present before this court and she has no objection, if the proceedings qua the present applicants would be quashed. Learned advocate further submits that the disputes is settled between the parties and an afÏdavit in that regard is already filed by the complainant. Learned advocate has identified the signature of the complainant as well as identified the respondent no.2 – original complainant, who is personally present before this Court and also confirmed correctness and genuineness of the R/SCR.A/4790/2025 ORDER DATED: 16/04/2025 afÏdavit filed by her. Learned advocate further submits that the original complainant is ready and willing to return back the compensation amount of Rs.15,000/-, which was received by her under the Government Scheme. 6. Learned APP has submitted that appropriate order may be passed on the strength of the settlement arrived at between the parties. 7. Therefore, since now, the dispute with reference to the impugned FIR is settled and resolved by and between parties, which is confirmed by the original complainant through his learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Therefore, the impugned FIR is required to be quashed and set aside. The afÏdavit filed by the respondent no.2- original complainant is ordered to be taken on record. 8. Resultantly, the present application is allowed. The proceedings of the FIR being C.R. No.11215014210086 of 2021 registered with Khambholaj Police Station, Anand and all other consequential proceedings arising out of said complaint are hereby quashed and set aside qua the applicants herein. The original complainant is directed to deposit and/ or return back an amount of Rs.15,000/-, which was received by her towards compensation under the Government Scheme. The Registry shall accept the vakalatnama of Mr. Janak Parmar, the learned advocate who appeared on behalf of the R/SCR.A/4790/2025 ORDER DATED: 16/04/2025 respondent no.2-original first informant. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI,J) A. B. VAGHELA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ARUNA BHARATSINGH VAGHELA(HC01079), PRIVATE SECRETARY, at High Court of Gujarat on 17/04/2025 14:58:11