R/CR.MA/14216/2025 ORDER DATED: 18/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR CONSENT QUASHING) NO.14216 of 2025 ========================================================== JENISH HARSHADBHAI MANDALIYA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance : M S PADALIYA for the Applicant. MR RONAK B. RAVAL, APP for the Respondent No.1. MR CHINTAN ADESHARA for the Respondent No.2. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 18/07/2025 ORAL ORDER 1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. Chintan Adeshara states that he has an instructions to appear for the respondent No.2 – complainant. He is permitted to file his appearance forthwith. 2. Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of Rule on behalf of the respective respondents. 3. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and respondent No.2 has been resolved amicably, this application 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 R/CR.MA/14216/2025 ORDER DATED: 18/07/2025 as ”BNSS”), the applicant has prayed for quashing and setting aside F.I.R. No.11208003250584 of 2025 registered with Gandhigram – 2 (University) Police Station, Dist. Rajkot City for the commission of offence punishable under Sections 118(1) and 352 of the Bharatiya Nyaya Sanhita, 2023 as well as Section 135 of the Gujarat Police Act and Sections 3(1)(r), 3(1)(s) and 3(2) (va) of the the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicant. 5. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue and therefore, any further continuance of the proceedings pursuant to the impugned FIR as well as any further proceedings arising therefrom would create hardship to the applicant. It is submitted that respondent No.2 has filed an affidavit in these proceedings and has declared that the dispute between the applicant and respondent No.2 is resolved due to intervention of trusted persons of the society. It is further submitted that in view of the fact that the dispute is resolved, the trial would be futile and any further continuance of the proceedings would amount to abuse of process of law. It is therefore submitted that this Court may exercise its inherent powers conferred under Section 528 of the BNSS and allow the application as prayed for. 6. Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, the complaint in question may not be quashed and the present application may be R/CR.MA/14216/2025 ORDER DATED: 18/07/2025 rejected. 7. Learned advocate for respondent No.2 has reiterated the contentions raised by the learned advocate for the applicant. The learned advocate for respondent No.2 also relied upon the affidavit filed by respondent No.2 – Pratik Jayantibhai Sondarva dated 30.6.2025. Respondent No.2 is present through virtual mode before the Court and is identified by learned advocate for respondent No.2. On inquiry made by the Court, respondent No.2 has declared before this Court that the dispute between the applicant and respondent No.2 is resolved due to intervention of trusted persons of the society and therefore, now the grievance stands redressed and hence, he does not have any objection if the impugned FIR is quashed. It is therefore submitted that the present application may be allowed. Respondent No.2 has also submitted that he shall deposit the amount of Rs.25,000/- received by him with the concerned authority within a period of two weeks from today. He shall also file an undertaking to the above effect with the Registry of this Court within a period of one week from today. 8. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered by the Hon'ble Supreme Court in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 R/CR.MA/14216/2025 ORDER DATED: 18/07/2025 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. I have also considered the latest decision of the Hon'ble Supreme Court in the case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat, Criminal Appeal No.1723 of 2017 dated 4.10.2017 and the guidelines issued by the Hon'ble Supreme Court in the said decision, particularly paragraph 15. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 9. Resultantly, this application is allowed and the impugned F.I.R. No.11208003250584 of 2025 registered with Gandhigram – 2 (University) Police Station, Dist. Rajkot City is hereby quashed and set aside qua the applicant. Consequently, all other proceedings arising out of the aforesaid F.I.R. are also quashed and set aside qua the applicant. Accordingly, Rule is made absolute. Respondent No.2 is directed to deposit the amount of Rs.25,000/- received by him with the concerned authority within a period of two weeks from today. The respondent No.2 is also directed to file an undertaking to the above effect with the Registry R/CR.MA/14216/2025 ORDER DATED: 18/07/2025 of this Court within a period of one week from today. Direct service is permitted. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/07/2025 17:55:23