R/SCR.A/8493/2024 ORDER DATED: 26/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8493 of 2024 ========================================================== DHIRUBHA RUPSANG JETHWA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1 MR. JAIMIN R DAVE(7022) for the Respondent(s) No. 2 MR. YASH B SIKKA(17310) for the Respondent(s) No. 2 MS HIRVA R DAVE(10742) for the Respondent(s) No. 2 MR MANAN MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 26/09/2025 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 applicant has prayed to quash and set aside the complaint being FIR No.11218005230013 of 2023 registered with Navi bandar Marine Police Station, Porbandar, for the offences under Sections 4(1), 4(2), 4(3) and 5 (c) of the Gujarat Land Grabbing Act and all the consequential proceedings arising therefrom. 4. 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 who is present in the Court, has also filed an Affidavit, which is taken / placed on record. In the Affidavit, the original complainant 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. Page 1 of 2 R/SCR.A/8493/2024 ORDER DATED: 26/09/2025 Dispute pertains to a land, which is not government land and for that, civil suit is filed. Subsequently, parties have arrived at an amicable settlement. Merely offence under the Special Act does not bar to exercise jurisdiction of this Court under Article 226 of the Constitution. 5. 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.. 6. In the result, the application is allowed. The impugned complaint being FIR No.11218005230013 of 2023 registered with Navi bandar Marine Police Station, Porbandar as well as all consequential proceedings initiated in pursuance 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 26/09/2025 15:53:46