R/SCR.A/6752/2025 ORDER DATED: 14/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 6752 of 2025 ============================================== TEJAS @ TEJYO MAHESHBHAI SOLANKI Versus STATE OF GUJARAT & ANR. ============================================== Appearance: MR.MINHAJ M SHAIKH(6847) for the Applicant(s) No. 1 MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1 ============================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 14/07/2025 ORAL ORDER 1. Learned advocate Ms. M. R. Savaliya, states that she has instructions to appear on behalf of the original complainant and thereby, seeks permission to file her Vakalatnama, which is granted. Heard learned advocates for the respective parties. 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”), the applicant has prayed to quash and set aside the complaint being FIR No.11191021250131 of 2025, registered with Gayekwad Haveli Police Station, Ahmedabad City, for the offences under Sections 118(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 135(1) of the R/SCR.A/6752/2025 ORDER DATED: 14/07/2025 Gujarat Police Act, and all the consequential proceedings arising therefrom. 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 that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them. 6. Learned APP has opposed the identity of the complainant as his name mentioned in the complaint is Nayan but his original name is Narendra and same got verified by the Sub-Inspector, Gaekwad Haveli Police Station, Ahmedabad City, and statement is recorded on 09.07.2025, wherein, the complainant has admitted the factum of the settlement and he has notarized the document qua settlement which he has also confirmed. As per the record submitted by the authority there is no past antecedent. The complainant has filed two affidavits, one of the complainant and another is also by complainant on behalf of his juvenile brother – Haresh Pravinbhai Vaghela, who has sustained injuries. The victim is aged about 17 years. Both the affidavits are taken on record. No purpose would be served and there is bleak chance of conviction. 7. 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. Page 2 of 3 R/SCR.A/6752/2025 ORDER DATED: 14/07/2025 reported in 2014 (2) Crime 67 (SC), in the opinion of this Court, the further continuation of criminal proceedings against the applicant/s in 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 528 of the BNSS. 8. In the result, the application is allowed. The impugned complaint being FIR No.11191021250131 of 2025, registered with Gayekwad Haveli Police Station, Ahmedabad City, 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. (HASMUKH D. SUTHAR,J) ANKIT JANSARI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 14/07/2025 18:39:12