R/SCR.A/7129/2025 ORDER DATED: 15/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7129 of 2025 ========================================================== KINJALBEN D/O HARSHADBHAI VAGHELA W/O MEHULBHAI RATHOD & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MS URVASHI K MEHTA(11469) for the Applicant(s) No. 1,2,3,4 MS RUCHIKA K SONI(12848) for the Respondent(s) No. 2 MS. SHEAJAL S GUPTA(18128) for the Respondent(s) No. 2 MR KRUTIK PARIKH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 15/09/2025 ORAL ORDER 1. RULE. Learned advocates waive service of note of rule on behalf of the respective respondents. 2. 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. 3. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicants haveE prayed to quash and set aside the complaint being FIR No. I- 125 of 2019 registered with Ghatlodiya Police Station, Ahmedabad, for the offences under Sections 307, 294(kh), 506(1) and 114 of Indian Penal Code, 1860 and all the consequential proceedings arising therefrom. 4. Allegation against the applicants is that, due to differences between the husband and wife, when the complainant came to visit the house of the accused to take back his wife and was in barthroom, kerosene was sprinkled on the complainant and set him on fire. In this regard, FIR came to be filed. The complainant was shifted to the hospital and in dying declaration, he has R/SCR.A/7129/2025 ORDER DATED: 15/09/2025 not given the names of the accused. Accused have no past antecedents and due to intervention of society members, parties have entered into amicable settlement. Both the parties got separated and living happily. No one has sustained serious injuries. 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 who is present in the court, 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. 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. 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 482 of the Cr.P.C.. 7. In the result, the application is allowed. The impugned complaint being FIR No. I- 125 of 2019 registered with Ghatlodiya Police Station, Ahmedabad as well as all consequential proceedings initiated in pursuance R/SCR.A/7129/2025 ORDER DATED: 15/09/2025 thereof are hereby quashed and set aside qua the applicant/s herein. Rule is made absolute. Direct service is permitted. If the applicant/s is/are in jail, the jail authority concerned is directed to release the applicant/s forthwith, if not required in connection with any other case. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 15/09/2025 17:49:37