R/CR.MA/7772/2025 ORDER DATED: 21/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 7772 of 2025 ========================================================== DASHRATHBHAI MAFABHAI PRAJAPATI & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR N P CHAUDHARY(3980) for the Applicant(s) No. 1,2,3 MR. YUVRAJ BRAHMBHATT, LD. ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 21/04/2025 ORAL ORDER 1. Rule returnable forthwith. Mr. Brahmbhatt, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Mahesh P. Patel, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule. 2. By this application under section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, the petitioners seek to invoke the inherent powers of this court, praying for quashing of the first information report being C.R. No.11206073250082 of 2025 lodged before the Vadnagar Police Station, Mehsana of the offence punishable under sections 316(2), 318(4), 61(2) and 54 of the BNS, 2023 on the ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer desirous of prosecuting R/CR.MA/7772/2025 ORDER DATED: 21/04/2025 the first information report further. The respondent No.2- Jayantilal Chandulal Joshi is personally present and he confirms about the settlement arrived at with the accused persons. The respondent No.2-Jayantilal Chandulal Joshi is identified by his learned advocate Mr. Mahesh P. Patel. Shri Jayantilal Chandulal Joshi has also filed an afÏdavit, inter alia, stating as under: “I, Jayantilal Joshi, S/o. Chandulal Joshi, Aged: 61 Years, the respondent no.2 herein, residing at Brahmanvas, Village: Madhasan, Taluka Vadnagar, District : Mehsana, do hereby state on solemn afÏrmation as under:- 1. I say and submit that I am the first informant of the First Information Report bearing First Information Report bearing C.R.No.11206073250082 of 2025 registered with Vadnagar Police Station, District: Mehsana for the alleged commission of offences punishable under Sections 316(2), 318(4), 61 (2) and 54 of Bharatiya Nyay Sanhita, 2023 against the applicants herein. 2. I, however, say and submit that the dispute pertains to the amount not paid by the applicants towards the sale of buffalos, which has now been paid by the applicants to me and thus with the intervention of elder persons of the society, amicable settlement has been arrived at between the parties. I, therefore, say and submit that in view of the amicable settlement, I have no objection if the impugned FIR is quashed and set aside qua them and I am also ready and willing to remain present before this Hon'ble Court to give my consent for quashment of the impugned FIR. 3. I, therefore, say and submit that in view of the said settlement arrived at between the parties, I have no objection if the Impugned FIR may be quashed and set aside by this Hon'ble Court. I am ready and willing to remain present before this Hon'ble Court in case of necessity. Page 2 of 3 R/CR.MA/7772/2025 ORDER DATED: 21/04/2025 What is stated above is true to the of my knowledge, information and belief and I believe the same to be true and correct. Solemnly afÏrmed on this 21st day of April, 2025 at Ahmedabad.” 3. Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report. 4. In the result, this application is allowed. The first information report being C.R. No.11206073250082 of 2025 lodged before the Vadnagar Police Station, Mehsana is hereby ordered to be quashed. All consequential proceedings arising from the same also stands terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. Mahesh P. Patel, the learned advocate appearing on behalf of the respondent No.2. Direct service is permitted. (DIVYESH A. JOSHI,J) VAHID Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ABDULVAHID ABDULSATTAR SHAIKH(HC00955), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 21/04/2025 17:57:45