R/CR.MA/12747/2021 ORDER DATED: 26/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 12747 of 2021 ========================================================== SANDEEP SUNILBHAI TAMAICHE & ANR. Versus STATE OF GUJARAT ========================================================== Appearance: MR NR KODEKAR(5020) for the Applicant(s) No. 1,2 MR HARDIK MEHTA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 26/09/2025 ORAL ORDER [1] Learned advocate Mr. Atit Thakor, states that he has instructions to appear for respondent No.2 – complainant in both the matters. Learned advocate for respondent complainant is permitted to file appearance. [2] Learned advocate Mr. Atit Thakor confirms identity of respondent No.2 – original complainant, who is present in the Court and admits correctness and genuineness of the affidavit filed by the complainant through learned advocate Mr. Atit Thakor. Said affidavit is taken on record. [3] Learned APP objects quashment of present proceedings on the premise of settlement. Page 1 of 3 R/CR.MA/12747/2021 ORDER DATED: 26/09/2025 [4] With the consent of learned advocate for the petitioners and learned advocate for the respondents, present petition is taken up for final disposal today. The parties are present before the Court alongwith their respective learned advocates. [5] By way of the present applications under Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘Code’), the petitioners pray for quashing and setting aside the F.I.R. being C.R.No.11191040211266 registered with Sardarnagar Police Station for the offence punishable under Sections 294(b) 323, 506(2), 114 of the Indian Penal Code. [6] Learned advocate for the petitioners has taken this Court through the factual matrix arising out of the present application. [7] At the outset, it is submitted that the parties have amicably resolved the dispute. In support of such submission made at bar by the learned advocates appearing for the respective parties, they have placed on record affidavit of settlement of dispute duly signed by the respondent No.2 – original complainant, who is present before the Court. [8] Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present petition 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., R/CR.MA/12747/2021 ORDER DATED: 26/09/2025 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) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that further continuation of criminal proceedings in relation to the impugned FIR against the petitioners would be unnecessary harassment to the petitioners. 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 Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code. [9] Resultantly, present petition is allowed. Impugned F.I.R. being C.R.No.11191040211266 registered with Sardarnagar Police Station and all other consequential proceedings arising out of the impugned FIR against the present petitioners is hereby quashed and set aside. Direct service is permitted. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 26/09/2025 14:30:46