R/SCR.A/9243/2025 ORDER DATED: 21/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 9243 of 2025 ============================================ MURLIDHAR BUNK (MURLIDHAR S/O RAMLAL ) Versus STATE OF GUJARAT & ANR. ============================================ Appearance: A S TIMBALIA(7372) for the Applicant(s) No. 1 MS SONAL M SHARMA(9963) for the Applicant(s) No. 1 MR RR TRIVEDI(941) for the Respondent(s) No. 2 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 21/07/2025 ORAL ORDER 1. Learned advocate Mr. Mohitsinh A. Jadeja, states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama. The Registry is directed to accept the vakalatnama. Heard learned advocates for the respective parties. 2. RULE. Learned advocates waive service of note of rule on behalf of the respective respondents. 3. 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. 4. By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”), R/SCR.A/9243/2025 ORDER DATED: 21/07/2025 the petitioner has prayed to quash and set aside the complaint being C.R. No.Part-A 11210067250337 of 2025 registered with Saroli Police Station, District Surat, for the offences under Sections 316(5) and 54 of the Bharatiya Nyaya Sanhita, and all the consequential proceedings arising therefrom. 5. 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 at Annexure - B, which is 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. 6. 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), considering the facts that the dispute is private in nature and the transaction in question is commercial one and in connection of selling the goods and dispute arose qua recovery of an amount of Rs.3,32,122/-. The complainant appeared through virtual mode and admitted the factum of settlement and the petitioner has no past antecedents, in the opinion of this Court, the further continuation of criminal proceedings against the petitioner in relation to the impugned R/SCR.A/9243/2025 ORDER DATED: 21/07/2025 FIR would cause unnecessary harassment to the petitioner. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise in view of the law laid down in cases of State of Haryana & Ors. Vs. Bhajanlal & Ors., (1992 Suppl. 1 SCC 2020), Sarabjit Kaur Vs. State of Punjab & Anr. reported in (2023) 5 SCC 360, Delhi Race Club (1940) Ltd. & Ors. vs. State of Uttar Pradesh & Anr. reported in 2024 INSC 626 and Rikhab Birani & Anr. vs. State of Uttar Pradesh & Anr. reported in 2025 INSC 512, Shailesh Kumar Singh @ Shailesh R. Singh Vs. State of Uttar Pradesh & Ors., reported in 2025 INSC 869, and Rekha Jain vs. The State of Karnataka & Anr. reported in 2022 LiveLaw (SC) 468, 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. 7. In the result, the application is allowed. The impugned complaint being C.R. No.Part-A 11210067250337 of 2025 registered with Saroli Police Station, District Surat, as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner herein. Rule is made absolute. Direct service is permitted. If the petitioner is in jail, the jail authority concerned is directed to release the petitioner forthwith, if not required in connection with any other case. (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 21/07/2025 17:59:14