R/CR.MA/16554/2025 ORDER DATED: 14/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 16554 of 2025 ========================================================== HARSHIL MEGHJIBHAI PATEL (KAKADIYA) Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. BHAUMIK DHOLARIYA(7009) for the Applicant(s) No. 1 MR. NILESHKUMAR MANJIBHAI VAGHASIA(11473) for the Applicant(s) No. 1 MRS DHWANI TRIPATHI, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 14/08/2025 ORAL ORDER 1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. Mr.Dhairya J Patel with Mr.Aditya J Pandya states that he has instruction to appear for the respondent No.2 – complainant. He is permitted to file his appearance forthwith. The complainant states that the matter is settled between the parties. 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 R/CR.MA/16554/2025 ORDER DATED: 14/08/2025 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 as ”BNSS”), the applicant has prayed for quashing and setting aside F.I.R. bearing C.R. No. 11210015250110 of 2025 registered with DCB Police Station, Dist.Surat City for the commission of offence punishable under Sections 409, 406, 504, 506(2), 120B and 114 of the IPC 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 R/CR.MA/16554/2025 ORDER DATED: 14/08/2025 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 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 – Samirkhan Poonamchand Modi dated 07.08.2025. Respondent No.2 is present in person 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 R/CR.MA/16554/2025 ORDER DATED: 14/08/2025 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. 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 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 R/CR.MA/16554/2025 ORDER DATED: 14/08/2025 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. bearing C.R. No. 11210015250110 of 2025 registered with DCB Police Station, Dist.Surat 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. Direct service is permitted. It will be upon the petitioner to place this order before the appropriate authority for further action. (NIRZAR S. DESAI,J) BHAVIN MEHTA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: BHAVINKUMAR DEVENDRABHAI MEHTA(HCW0108), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 14/08/2025 17:04:59