R/SCR.A/6940/2025 ORDER DATED: 09/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6940 of 2025 ========================================================== MEHUL VIBHAKAR BHATT Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR KISHAN R CHAKWAWALA(9846) for the Applicant(s) No. 1 MR MEET A SHAH(12392) for the Applicant(s) No. 1 MS. ASMITA PATEL, LD. ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 09/05/2025 ORAL ORDER 1. Rule returnable forthwith. Ms. Asmita Patel, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Meet V. Jani, 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 petitioner seeks to invoke the inherent powers of this court, praying for quashing of the first information report being I-C.R. No.11214023250011 of 2025 lodged before the Kadodara GIDC Police Station, Surat Rural of the offence as mentioned therein the ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer R/SCR.A/6940/2025 ORDER DATED: 09/05/2025 desirous of prosecuting the first information report further. The respondent No.2-Shankarbhai Dahyabhai Nayak is personally present and he confirms about the settlement arrived at with the accused person. The respondent No.2- Shankarbhai Dahyabhai Nayak is identified by his learned advocate Mr. Meet V. Jani. Shri Shankarbhai Dahyabhai Nayak has also filed an affidavit, inter alia, stating as under: “I, SHANKARBHAI DAHYABHAI NAYAK, Male, Adult aged 71 years, Residing at: Kadodara, Desai Faliyu, Palsana, Gujarat, who happens to be the Respondent no. 2 of the present Petition i.e. original Complainant do hereby solemnly affirm and state on oath as under that:- 1. I am a Citizen of India and permanently reside at the above mentioned address. I state and submit that I have registered an FIR at Kadodara G.I.D.C Police Station, Gandhinagar bearing FIR No. I/CR 11214023250011 of 2025, dated 03.01.2025 for the offences liable to be punished, against under Sections 3, 4 and 5 of the Gujarat Land Grabbing Prohibition Act against (1) Mehul Vibhakar Bhatt, wherein the Accused is the Petitioner of the present Quashing Petition. 2. I humbly submit that the said issue happened because of some misunderstanding between the present Deponent and the Petitioner side. The said dispute has been resolved and no such loss has not occurred to me. I am in a fully conscious and a healthy state. I have realized that there was no such intention or ulterior motive of the present petitioner and therefore the present deponent does not have any vendetta or grievance and does not wish to continue the said issue and therefore such amicable and mutual compromise has taken place in a good and fine faith in the interest of Justice. 3. Therefore, in view of the above facts and circumstances, the issues between the Petitioner and the Respondent Complainant have been amicably and R/SCR.A/6940/2025 ORDER DATED: 09/05/2025 mutually settled by the kind indulgence of friends, families and reputable persons of the society and therefore there is nothing left for either of us to proceed against each other and that no such other proceedings shall be initiated against the Petitioner by me qua the Present Subject matter. I hereby provide my Consent for the same and also state that the said consent is devoid of any Coercion, duress or undue influence by any of the Parties or any of their relatives or friends. 4. I respectfully submit before this Hon'ble Court that I do not have any objection if the F.I.R. registered by me at Kadodara G.I.D.C Police Station, Surat Rural bearing FIR No. I/CR 11214023250011 of 2025, dated 03.01.2025 for the offences liable to the punished, against under Sections 3, 4 and 5 of the Gujarat Land Grabbing Prohibition Act and all other and identical proceedings are quashed and set aside on mutual terms qua the present petitioner. What has been stated herein above is true and correct. Solemnly affirmed on this the 18th day of April, 2025 at Gujarat.” 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 I-C.R. No.11214023250011 of 2025 lodged before the Kadodara Police Station, Surat Rural 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. Page 3 of 4 R/SCR.A/6940/2025 ORDER DATED: 09/05/2025 Meet V. Jani, 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 09/05/2025 17:34:09