R/CR.MA/9485/2025 ORDER DATED: 07/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 9485 of 2025 ========================================================== BECHARBHAI RANABHAI BHADIYADRA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: S M KIKANI(7596) for the Applicant(s) No. 1 MR. MANAN MAHETA, LD. ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 07/05/2025 ORAL ORDER 1. Rule returnable forthwith. Mr. Maheta, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. Bharat B. Mokariya, 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 C.R. No.11214020240338/2024 lodged before the Kamrej Police Station, Surat Rural of the offence punishable under sections 386, 506(2), 504, 114 of IPC as well as Sections 40 and 42(a)(d) of Gujarat Money Lenders Act on the ground that there has been an amicable settlement R/CR.MA/9485/2025 ORDER DATED: 07/05/2025 between the parties and the respondent No.2-original complainant is no longer desirous of prosecuting the first information report further. The respondent No.2-Mehulbhai Balvantbhai Patel is personally present and he confirms about the settlement arrived at with the accused persons. The respondent No.2- Mehulbhai Balvantbhai Patel is identified by his learned advocate Mr. Bharat B. Mokariya. Shri Mehulbhai Balvantbhai Patel has also filed an affidavit, inter alia, stating as under: “I, Mehulbhai Balvantbhai Patel, Male, Aged- 32 years, Residing at Village Choryasi, Patel Faliyu, Ta.Kamrej, Dist. Surat do hereby solemnly affirm and state on oath as under :- 1. I am the orig. complainant-respondent no.2 in the memo of petition and I am fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit 2. At the outset, I say and submit that the disputes and grievances of both the sides have been amicably settled and I do not wish to prosecute the petitioners any further with respect to the FIR being CR. No.11214020240338 of 2024 Registered with Kamrej Police Station, Surat Rural, chargesheet being Chargesheet no.688 of 2024 & case status of Criminal Case no 2291 of 2024 pending in the court of Ld. Additional Civil Judge and Judicial Magistrate First Class, Kathor filed by me and all proceedings arising there from and pursuant thereto, for the offences punishable U/S 386, 506(2), 504, 114 Of IPC as well as U/ S. 40, 42(a), (d) of Gujarat Money Lenders Act-2011. 3. I say that the there was no enmity between myself and the present petitioners. We are known to each other since long and are having healthy relation. It is submitted that recently, a meeting took place between the both side and grievance of between us has been resolved and cleared so an amicable settlement has been arrived at R/CR.MA/9485/2025 ORDER DATED: 07/05/2025 between the parties so as to maintain harmony, peaceful and healthy relationships in future. After due deliberations and discussions amongst the parties, I have agreed to give consent for quashing of impugned FIR, only qua present petitioners. I say that I have not suffered any loss and I have been also sufficiently compensated by petitioners for what I have suffered during this period and therefore now nothing remained from and qua petitioners and therefore I do not want to prosecute the impugned FIR against and qua the petitioners. 4. In the facts and circumstances as narrated above, at my free will, wish and desire am stating on oath that I do not wish to prosecute the criminal proceedings, qua petitioners only, as the dispute between us has been amicably settled. I state that the CR No.11214020240338 of 2024 Registered with Kamrej Police Station, Surat Rural, chargesheet being Chargesheet no 688 of 2024 & case status of Criminal Case no.2291 of 2024 pending in the court of Ld. Additional Civil Judge and Judicial Magistrate First Class, Kathor, may be quashed, qua petitioners only in the interest of justice. What is stated hereinabove in para 1 to 4 are true to the best of my personal knowledge, information and belief and I believe the same to be true and correct. Solemnly affirmed at Surat on this 30th day of April , 2025.” 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.11214020240338/2024 R/CR.MA/9485/2025 ORDER DATED: 07/05/2025 lodged before the Kamrej Police Station, Surat Rural is hereby ordered to be quashed qua the applicants. All consequential proceedings arising from the same also stands terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. Bharat B. Morakiya, 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 07/05/2025 17:59:42