R/SCR.A/8373/2016 ORDER DATED: 31/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 8373 of 2016 ========================================================== GAURAVBHAI PARESHBHAI PATEL & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR P P MAJMUDAR(5284) for the Applicant(s) No. 1,2 HCLS COMMITTEE(4998) for the Respondent(s) No. 2 MR TIRTHRAJ PANDYA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 TATVDEEP J JANI(7227) for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 31/07/2025 ORAL ORDER 1. 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. 2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed to quash and set aside the FIR being C.R.No.II - 704 of 2016 registered with Fatehgunj Police Station for the offences under Sections 323, 504, 506(2), 427, 114 of Indian Penal Code and all the consequential proceedings arising therefrom. 3. At the outset, it is submitted that the parties have amicably resolved the dispute. In support of such submission R/SCR.A/8373/2016 ORDER DATED: 31/07/2025 made at bar by the learned advocates appearing for the respective parties, they have placed on record affidavit of settlement of dispute duly signed by the respondent No.2 – original complainant, who is present before the Court. Said affidavit is taken on record. 4. Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present petition as well as taking into consideration the decisions rendered 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 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that further continuation of criminal proceedings in relation to the impugned FIR against the petitioners would be unnecessary harassment to the petitioners. 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 Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code. 5. In the result, the application is allowed. The impugned FIR R/SCR.A/8373/2016 ORDER DATED: 31/07/2025 being C.R.No.II - 704 of 2016 registered with Fatehgunj Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioners. Rule made absolute to the aforesaid extent. Direct service is permitted. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 31/07/2025 16:44:59