R/CR.MA/18516/2020 ORDER DATED: 30/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 18516 of 2020 ========================================================== HARESHBHAI NAGJIBHAI JOGANI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. BHAUMIK DHOLARIYA(7009) for the Applicant(s) No. 1 AVANI V PATEL(8016) for the Respondent(s) No. 2 HCLS COMMITTEE(4998) for the Respondent(s) No. 2 MR SOHAM JOSHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 30/09/2025 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 petitioner prayed to quash and set aside the FIR being C.R.No.11214020201901 registered with Kamrej Police Station for the offences under Sections 323, 306, 504, 506(2), 114 of Indian Penal Code, u/s 5 and 40 of the Gujarat Money Lenders Act and all the consequential proceedings arising therefrom. Page 1 of 3 R/CR.MA/18516/2020 ORDER DATED: 30/09/2025 3. At the outset, it is submitted that the parties have amicably resolved the dispute. In support of such submission 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 and his son, who are present before the Court through hybrid mode. Said affidavits are 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 petitioner would be unnecessary harassment to the petitioner. 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. Page 2 of 3 R/CR.MA/18516/2020 ORDER DATED: 30/09/2025 5. In the result, the application is allowed. The impugned FIR being C.R.No.11214020201901 registered with Kamrej Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner. 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 30/09/2025 14:20:11