R/SCR.A/9577/2025 ORDER DATED: 14/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9577 of 2025 ========================================================== JAGATSINH S/O RATUJI MOHANJI DABHI & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: KARAN Y VYAS(8539) for the Applicant(s) No. 1,2,3 MS MEGHA CHITALIYA, APP for the Respondent(s) No. 1 MR NEEL DAVE, ADVOCATE for respondent No.2 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 14/07/2025 ORAL ORDER 1. Learned advocate Mr. Neel Dave, states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama, which is granted. 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 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicants have prayed to quash and set aside the complaint being FIR No. 11216010240235 of 2024 registered with Pethapur Police Station, Dist. Gandhinagar, for the offences under Sections 325, 307, 504, 506(2) and 114 of the Indian Penal Code, 1860 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 R/SCR.A/9577/2025 ORDER DATED: 14/07/2025 and pursuant to such mutual settlement, the original complainant has also filed an Affidavit, which is taken / placed on record. In the Affidavit, the original complainant who is present in the Court, 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. Victim is also present in the Court and has also filed an affidavit affirming the factum of settlement between the parties. Affidavits of the complainant and victim are ordered to be taken on record. 6. Learned APP has opposed the present petition on the ground that the accused No.1 has made an assault with sword, whereas, present petitioners have made assault with stick blows and caused serious injuries to the injured. Therefore, this Court may not exercise discretion under Article 226/227 of the Constitution of India in favour of the petitioners. Further, on instructions, ld. APP states that, after investigation, chargesheet has bee filed and the present petitioners do not have any past antecedents. 7. Considering the fact that the accused No.1 has inflicted sword blows to the complainant, who is not before this Court, whereas, present petitioners being accused Nos.2 to 4 have made an assault by sticks, and subsequently, settlement came to be arrived at between them. Further, the petitioners have no past antecedents. Chargesheet has been filed, but nowhere mentioned with regard to offence of abetment. 8. 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), R/SCR.A/9577/2025 ORDER DATED: 14/07/2025 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.. 9. In the result, petition is allowed. The impugned complaint being FIR No. 11216010240235 of 2024 registered with Pethapur Police Station, Dist. Gandhinagar as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant/s herein. 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. Rule is made absolute. Direct service is permitted. (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 14/07/2025 14:43:24