R/SCR.A/9821/2025 ORDER DATED: 16/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 9821 of 2025 ============================================== PIYUSH HIMMATKUMAR KHATRI Versus STATE OF GUJARAT & ANR. ============================================== Appearance: JUHI M TALATI(7822) for the petitioner(s) No. 1 MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1 ============================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 16/07/2025 ORAL ORDER 1. Learned advocate Mr. Saif M. Kavla, states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama, which is granted. The original complainant is present in the Court and is identified by his learned Advocate. 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, (hereinafter referred to as “BNSS.”), the petitioner has prayed to quash and set aside the complaint being FIR No.11191036250081 of 2025, registered with Navrangpura Police Station, Ahmedabad City, for the offences under Sections 318(4) R/SCR.A/9821/2025 ORDER DATED: 16/07/2025 and 61 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 petitioner 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. Learned APP for respondent State has vehemently opposed the present petition and stated that the complaint is filed against unknown person and mobile number is mentioned. Hence, prayed to dismiss the present petition. 7. 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), and considering the fact that 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 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 R/SCR.A/9821/2025 ORDER DATED: 16/07/2025 State of Haryana & Ors. Vs. Bhajanlal & Ors., (1992 Suppl. 1 SCC 2020) and Sarabjit Kaur Vs. State of Punjab & Anr. reported in (2023) 5 SCC 360. 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 FIR No.11191036250081 of 2025, registered with Navrangpura Police Station, Ahmedabad City, 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 16/07/2025 18:22:21