R/CR.MA/10828/2019 ORDER DATED: 01/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 10828 of 2019 ========================================================== MAHIPALSINH LAGDHIRSINH ZALA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR VISHAL B MEHTA(5319) for the Applicant(s) No. 1 BHARATKUMAR K VIZODA(8026) for the Respondent(s) No. 2 MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 01/09/2025 ORAL ORDER 1. 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. 2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed to quash and set aside the FIR being C.R.No.II - 40 of 2019 registered with Panshina Police Station for the offences under Sections 323, 504, 506(2), 427, 403, 114 of Indian Penal Code, u/s 3(1)(R)(S), 3(20(5A) of the Atrocities Act and all the consequential proceedings arising therefrom. 3. At the outset, it is submitted that the parties have R/CR.MA/10828/2019 ORDER DATED: 01/09/2025 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. Said affidavit is taken on record. In the affidavit, the respondent No.2 also assures the Court to repay the outstanding amount within two weeks from today. 4. 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., 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 petitioner would be unnecessary harassment to the petitioner. 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 R/CR.MA/10828/2019 ORDER DATED: 01/09/2025 of powers conferred under Section 482 of the Code. 5. In the result, the application is allowed. The impugned FIR being C.R.No.II - 40 of 2019 registered with Panshina Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner. Direct service is permitted. 6. If the respondent No.2 failed to repay the outstanding amount as stated in the affidavit, the concerned Collector is at liberty to recover the amount from the respondent No.2. (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 01/09/2025 17:13:34