R/CR.MA/7802/2025 ORDER DATED: 16/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 7802 of 2025 ========================================================== SUSHILABEN BABUBHAI NAIK (DESAI ) & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR MANAN A SHAH(5412) for the Applicant(s) No. 1,2,3,4,5,6 MR RISHABH R JAIN(12326) for the Respondent(s) No. 2 MR KANVA ANTANI APP For the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 16/07/2025 ORAL ORDER 1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr.Rishabha Jain states that he has instructions to appear for the legal heirs of original complainant – respondent No.2. He is directed to file his appearance forthwith. The legal heirs of 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 legal heirs of R/CR.MA/7802/2025 ORDER DATED: 16/07/2025 respondent No.2 has been resolved amicably, this application is taken up for final disposal forthwith. 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. bearing C.R. No. 11214031220699 of 2022 registered with Mahuva Police Station, Dist.Surat Rural for the commission of offence punishable under Sections 406, 420, 465, 467, 468, 471, 120-B and 114 of the Indian Penal Code and Criminal Case 1598/2024, pending in the court of Learned Principal Civil Judge and Additional Chief Judicial Magistrate Bardoli 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 legal heirs of respondent No.2 have filed an affidavit in these proceedings and has declared that the dispute between the applicants and legal heirs of respondent No.2 is resolved due to intervention of trusted persons of the society. It is further R/CR.MA/7802/2025 ORDER DATED: 16/07/2025 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 question may not be quashed and the present application may be rejected. 7. Learned advocate for legal heirs of 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 legal heirs of respondent No.2 – Pushpaben wd/o Balvantrai @ Ballubhai Lallubhai Naik dated 11.05.2025, Yogesh Balvantrai @ Ballubhai Lallubhai Naik dated 11.05.2025, Chiragkumar Rajubhai Desai dated 05.04.2025, Balvantrai @ Ballubhai Lallubhai Nayak dated 24.03.2025, Kalpanaben Desai D/o Balvantrai @ Ballubhai Lallubhai Naik dated 30.05.2025, Ragini Tushar Vashi D/o Balvantrai Lallubhai Naik dated 20.05.2025, Kavita Naik D/o Balvantrai Lallubhai Naik dated 20.05.2025 . The legal heirs of R/CR.MA/7802/2025 ORDER DATED: 16/07/2025 respondent No.2 are present in person before the Court through virtual mode and is identified by learned advocate for respondent No.2. As far as Mr. Yogesh Naik is concerned, despite repeated efforts, he was unable to unmute himself due to being a senior citizen. Learned Advocate Mr. Manan Shah, with the permission of the Court, made a video call, and Mr. Yogesh Naik is now present in virtual mode. On inquiry made by the Court, respondent No.2 has declared before this Court that the dispute between the applicants and legal heirs of the respondent No.2 is resolved due to intervention of trusted persons of the society and therefore, now the grievance stands redressed. 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 R/CR.MA/7802/2025 ORDER DATED: 16/07/2025 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 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 FIR bearing C.R. No. 11214031220699 of 2022 registered with Mahuva Police Station, Dist.Surat Rural and Criminal Case 1598/2024, pending in the court of Learned Principal Civil Judge and Additional Chief Judicial Magistrate Bardoli 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) BHAVIN MEHTA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 17/07/2025 16:40:08