R/SCR.A/8375/2024 ORDER DATED: 21/04/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8375 of 2024 ========================================================== PRAVINBHAI BABARBHAI RABARI & ANR. Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: ANKIT M MODI(7418) for the Applicant(s) No. 1,2 MR KISHAN R CHAKWAWALA(9846) for the Applicant(s) No. 1,2 MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 21/04/2025 ORAL ORDER 1. Learned advocate Mr. M. A. Shah has received instructions to appear on behalf of respondent No.2 – original complainant and learned advocate Mr. M. S. Doshi has received instructions to appear on behalf of respondent No.3 - original victim. They are permitted to file their Vakalatnama in the Registry. Registry to accept the same. 2. Rule. Learned APP, learned advocate Mr. Shah and learned advocate Mr. Doshi waive service of notice of Rule for respondent no.1 – State, respondent no.2 – original complainant and respondent No.3 - original victim, respectively. 3. With the consent of learned advocates appearing for the parties, present petition is taken up for final disposal today. 4. This petition is filed under Article 226 of the R/SCR.A/8375/2024 ORDER DATED: 21/04/2025 Constitution read with Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the FIR being C.R.No.I-05 of 2019 registered with Nikol Police Station, Ahmedabad, charge-sheet and proceedings of Criminal Case No.9011 of 2019 pending before learned 7th Additional Senior Civil Judge & ACJM Court at Mirzapur, Ahmedabad and all other consequential proceedings arising out of said FIR, qua the petitioners. 5. When the matter is called out, learned advocate for the petitioners submitted that the dispute is amicably settled between the parties. Learned advocates for respondent Nos.2 and 3 have also submitted that the dispute is amicably settled between the parties. Affidavits of the respondent No.2 – original complainant and respondent No.3 are placed on record. In the said affidavits, complainant as well as victim have stated that the dispute is amicably resolved between the parties and therefore if the FIR in question is quashed and set aside qua the petitioners, they have no objection. Complainant is also present through virtual mode whereas victim is present in the Court. Learned advocates have identified them. 6. Learned APP has opposed this petition by contending that serious allegations are levelled against the petitioners – accused and therefore on the ground of settlement, this Court may not quash R/SCR.A/8375/2024 ORDER DATED: 21/04/2025 and set aside the FIR in question. 7. Since now, the dispute with reference to the impugned FIR is settled and resolved by and between parties which is confirmed by the original complainant and victim through their learned advocates, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Therefore, the impugned FIR is required to be quashed and set aside. 8. Resultantly, this petition is allowed. The impugned FIR being C.R.No.I-05 of 2019 registered with Nikol Police Station, Ahmedabad, charge-sheet and proceedings of Criminal Case No.9011 of 2019 pending before learned 7th Additional Senior Civil Judge & ACJM Court at Mirzapur, Ahmedabad and all other consequential proceedings arising out of said FIR are hereby quashed and set aside qua the petitioners. 9. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI,J) LAVKUMAR J JANI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: LAVKUMAR JAYANTBHAI JANI(HC00210), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/04/2025 17:12:14