R/SCR.A/6840/2025 ORDER DATED: 19/06/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6840 of 2025 ========================================================== AABIDBHAI HANIFBHAI MALEK Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MITTAL N PATEL(7614) for the Applicant(s) No. 1 MR ROHAN SHAH, APP for the Respondent(s) No. 1 MR NIMESH PATEL, ADVOCATE for the Complainant ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/06/2025 ORAL ORDER 1. Learned advocate Mr. Nimesh Patel, states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama, which is granted. 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 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicant has prayed to quash and set aside the complaint being FIR No.11198015200297 of 2020 registered with Bortalav Police Station, Bhavnagar, for the offences under Sections 506 (2) of IPC and and Section 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and all the consequential proceedings arising therefrom. Page 1 of 3 R/SCR.A/6840/2025 ORDER DATED: 19/06/2025 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, which is taken / placed on record. In the Affidavit, the original complainant has categorically stated that the dispute with the applicant/s has been resolved amicably and has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them. 6. From the record, it appears that dispute is in private in nature and there is no apparent motive behind the committal of the offence and in this regard, allegations are levelled and complaint has been filed. Subsequently, the parties have amicably settled the dispute. 7. So far allegation under the provisions of the Atrocities Act is concerned, as the complainant belongs to Scheduled caste community and insulted by using abusive words by the applicant, but there is no any specific instance and no any evidence in this regard is collected and subsequently, disclosed the said version and with a view to only making gravity of offence, allegations are levelled. 8. 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) and (vi) Mohammad Wajid and Anr. v. State of U.P. and Ors. reported in 2023 LiveLaw (SC) 624: 2023 INSC 683, in the opinion of this Court, the further continuation of criminal proceedings against the applicant/s in R/SCR.A/6840/2025 ORDER DATED: 19/06/2025 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. 9. In the result, the application is allowed. The impugned complaint being FIR No.11198015200297 of 2020 registered with Bortalav Police Station, Bhavnagar as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant herein. Rule is made absolute. 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. 10. Original complainant has filed an undertaking stating that, she has received compensation of Rs.1,50,000/- from the Government, which she will deposit to the concerned Department within 4 (four) weeks and will not claim any compensation from the Government, in future. Undertaking is ordered to be taken on record. Direct Service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 20/06/2025 11:00:05