R/SCR.A/10855/2025 ORDER DATED: 22/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 10855 of 2025 ========================================================== HAYDER PIRUBHAI VAGHELA & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ASHOK A PUROHIT(6267) for the Applicant(s) No. 1,2,3 MR HARDIK MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 22/09/2025 ORAL ORDER [1.0] Learned advocate Mr. Rashmi R. Johan states that he has instructions to appear on behalf of the original complainant and seeks permission to file his Vakalatnama, which is granted. Heard learned advocates for the respective parties. [2.0] RULE. Learned advocates waive service of note of rule on behalf of the respective respondents. [3.0] 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. [4.0] By way of this petition under Article 226 of the Constitution of India read with Section 528 of the BNSS (hereinafter referred to as “BNSS”), the petitioners have prayed to quash and set aside the FIR being CR No.11192050250344 of 2025 registered with R/SCR.A/10855/2025 ORDER DATED: 22/09/2025 Sanand Police Station, Ahmedabad Rural for the offences punishable under Sections 115(2), 352, 351(3) and 54 of the Bharatiya Nyaya Sanhita, 2023; under Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “Atrocity Act”) and section 135 of the Gujarat Police Act and to quash all other consequential proceedings arising therefrom. [5.0] Learned advocate for the original-complainant upon instructions has submitted that complainant is ready and willing to deposit the entire amount of compensation awarded under the benevolent scheme, if any, that may be awarded or accepted by the complainant, within a period of 30 days . [6.0] 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 Affidavit dated 23.07.2025, which is taken 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. [7.0] 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, R/SCR.A/10855/2025 ORDER DATED: 22/09/2025 (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 State of Haryana vs. Bhajan Lal reported in (1992) Supp (1) SCC 335 as also considering the fact that impugned FIR is filed in connection with altercation that took place between the accused and the complainant. Now, settlement took place between the parties. Further, the complainant has filed an additional affidavit/ undertaking of the original complainant dated 23.07.2025, which is taken on record, undertaking therein that he will deposit the entire amount of compensation, if any received by him, from the government under the benevolent scheme and even in future he will not claim any such compensation and there is no bar to exercise power under Article 226 of the Constitution even in the case registered under the Special Act. Herein, the offence under the Atrocities Act is invoked only on the basis of insult caused to the caste of the complainant and except that there is no any allegation against the present petitioners and hence, in the opinion of this Court, the further continuation of criminal proceedings against the present petitioners in relation to the impugned FIR would cause unnecessary harassment to the petitioners and 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 R/SCR.A/10855/2025 ORDER DATED: 22/09/2025 aside the impugned FIR and all consequential proceedings initiated in pursuance thereof subject to condition that the complainant shall not claim any compensation under the benevolent government scheme. [8.00] In the result, petition is allowed. The impugned FIR being CR No.11192050250344 of 2025 registered with Sanand Police Station, Ahmedabad Rural as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioners herein. If the petitioners are in jail, the jail authority concerned is directed to release the petitioner forthwith, if not required in connection with any other case. Rule is made absolute to the aforesaid extent only. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 22/09/2025 18:41:59