R/SCR.A/8822/2025 ORDER DATED: 16/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 8822 of 2025 ============================================== CHETAN @ SONU UPESHBHAI PANCHAL & ANR. Versus STATE OF GUJARAT & ANR. ============================================== Appearance: MR. MOHIT S BANKER(6866) for the Applicant(s) No. 1,2 MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1 ============================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 16/07/2025 ORAL ORDER The learned Advocate Ms. Roshni L. Parmar, upon instructions seeks permission to file vakalatnama for the complainant. Permission is granted. Registry is directed to accept the vakalatnama. [1.0] RULE. Learned advocates waive service of note of rule on behalf of the respective respondents. [2.0] 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. [3.0] By way of this petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as “BNSS”), the petitioners have prayed to quash and set aside the FIR being CR No.11191013240863 of 2024 registered with Krishnanagar Police Station, Ahmedabad City for the R/SCR.A/8822/2025 ORDER DATED: 16/07/2025 offences punisable under Sections 64, 242 and 54 of the Bharatiya Nyaya Sanhita, wherein subsequently section 64(2)(m) of the Bharatiya Nyaya Sanhita came to be added vide report dated 01.01.2025 and to quash all other consequential proceedings arising therefrom. [4.0] 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 dated 16.07.2025 which is taken on record. In the Affidavit the original complainant has categorically stated that the dispute with the petitioners has been resolved amicably and that she has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them. [5.0] It is the case of the petitioner that the petitioner no.1 was in relationship with the victim and subsequently they got married and their marriage certificate dated 13.06.2025 is on record at Annexure – C to the petition. It is reported that charge-sheet is filed and trial is commenced. As both have settled the dispute. [6.0] It is necessary to consider whether the power conferred by the High Court under section 528 of the BNSS is warranted. It is true that the powers under Section 528 of the BNSS are very wide and the very plenitude of the power requires great caution in its exercise. The Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, R/SCR.A/8822/2025 ORDER DATED: 16/07/2025 whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard-and-fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage as the Hon’ble Supreme Court has decided in the case of Central Bureau of Investigation vs. Ravi Shankar Srivastava, IAS & Anr., reported in AIR 2006 SC 2872. [7.0] 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) as also considering the fact that now the petitioner and complainant have married with each other and are living a happy marriage life with each other and therefore, now, even after settlement, if the proceedings are allowed to be continued, in the opinion of this Court, the further continuation of criminal proceedings against the present petitioner in relation to the impugned FIR would cause unnecessary harassment to the petitioner. Further, even the complainant as well as the victim has affirmed the fact of settlement and filing of affidavits by them. 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. Page 3 of 4 R/SCR.A/8822/2025 ORDER DATED: 16/07/2025 [8.0] In the result, petition is allowed. The impugned FIR being CR No.11191013240863 of 2024 registered with Krishnanagar Police Station, Ahmedabad City as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner herein. If the petitioner is behind the bars then he shall be released forthwith if not required in any other case. It is made clear that present order is passed in peculiar facts and circumstances of the case and shall not be treated as precedent. Rule is made absolute to the aforesaid extent only. Direct service is permitted. (HASMUKH D. SUTHAR,J) ANKIT 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 16/07/2025 18:18:46