R/CR.MA/7492/2025 ORDER DATED: 15/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 7492 of 2025 ========================================================== DEVAKI EARL MARKS & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: APURVA K JANI(7057) for the Applicant(s) No. 1,2,3,4 MR HJ DHOLAKIA(5862) for the Applicant(s) No. 1,2,3,4 MR TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 15/04/2025 ORAL ORDER Draft amendment is allowed. To be carried out forthwith. 1. Learned advocate Mr. Anurag Rathor has received instruction to appear on behalf of respondent No.2 – original complainant. He is permitted to file his Vakalatnama in the Registry. Registry to accept the same. 2. Rule. Learned APP and learned advocate Mr. Rathor waive service of notice of Rule for respondent no.1 – State and respondent no.2 – original complainant, respectively. 3. With the consent of learned advocates appearing R/CR.MA/7492/2025 ORDER DATED: 15/04/2025 for the parties, present application is taken up for final disposal today. 4. This application is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita for quashing and setting aside the FIR being C.R.No.I-215 of 2018 registered with Vastrapur Police Station, Ahmedabad, charge-sheet and proceedings of Criminal Case No.4926 of 2019 pending before City Civil Court, Ahmedabad and all other consequential proceedings arising out of said FIR. 5. When the matter is called out, learned advocate for the applicants submitted that the dispute is amicably settled between the parties. Learned advocate for respondent No.2 – original complainant has also submitted that the dispute is amicably settled between the parties. Affidavit of the respondent No.2 – original complainant is placed on record. In the said affidavit, complainant stated that the dispute is amicably resolved between the parties and therefore if the FIR in question is quashed and set aside qua the applicants, he has no objection. Complainant is also present through virtual mode. Learned advocate for the respondent No.2 has identified him. 6. Learned APP has opposed this application by contending that serious allegations are levelled R/CR.MA/7492/2025 ORDER DATED: 15/04/2025 against the applicants – accused and therefore on the ground of settlement, this Court may not quash and set aside the FIR in question. 7. 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. 8. Resultantly, this application is allowed. The impugned FIR being C.R.No.I-215 of 2018 registered with Vastrapur Police Station, Ahmedabad, charge- sheet and proceedings of Criminal Case No.4926 of 2019 pending before City Civil Court, Ahmedabad and all other consequential proceedings arising out of said FIR, are hereby quashed and set aside qua the applicants. 9. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI,J) LAVKUMAR J JANI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: LAVKUMAR JAYANTBHAI JANI(HC00210), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 16/04/2025 10:22:03