R/SCR.A/13297/2025 ORDER DATED: 01/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 13297 of 2025 ========================================================== NARESHBHAI ISHWARBHAI RABARI & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR P P MAJMUDAR(5284) for the Applicant(s) No. 1,2 MR RONAK RAVAL APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 01/10/2025 ORAL ORDER 1. Learned Advocate Mr. Haris Soni, for the complainant/victim, upon instructions, has stated that the complainant/victim has not received any compensation. However, if it is found at any stage that any compensation has been received from the Government, they shall return the same amount with interest before the said authority within a period of two weeks from today. 1.1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr.Harish Soni states that he has instructions to appear for the original complainant – respondent No.2 as well as victim. He is directed to file his appearance forthwith. The complainant states that the matter is settled between the parties. 2. Rule. Learned Additional Public Prosecutor as well R/SCR.A/13297/2025 ORDER DATED: 01/10/2025 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 application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicants 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 applicants have prayed for quashing and setting aside F.I.R. No.11195024250435 of 2025 registered with Gadh Police Station, Dist. Banaskantha for the commission of offence punishable under Sections 115(2), 61, 329(3), 296(b), 351(3), 309(6) and 54 of the BNS read with Section 3(1)(r), 3(1)(s) and 3(2)(v) of the Atrocity Act as well as quash all other consequential proceedings arising out of the aforesaid FIR qua the applicants. 5. Learned advocate for the applicants has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have R/SCR.A/13297/2025 ORDER DATED: 01/10/2025 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 applicants. It is submitted that respondent No.2 as well as victim have filed affidavits in these proceedings and has declared that the dispute between the applicants 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 Bharatiya Nagarik Suraksha Sanhita, 2023 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 applicants. The learned advocate for respondent No.2 also R/SCR.A/13297/2025 ORDER DATED: 01/10/2025 relied upon the affidavits filed by respondent No.2 – Pravinbhai @ Jagdishbhai Naginbhai Valmiki dated 18.09.2025 as well as victim Gangaben Pravinbhai @ Jagdishbhai Naginbhai Valmiki dated 18.09.2025 and victim Prakashbhai Ambaram Patel dated 18.09.2025. Respondent No.2 as well as injured victims are present in person before the Court and are identified by learned advocate for respondent No.2. On inquiry made by the Court, they have declared before this Court that the dispute between the applicants and them is resolved due to intervention of trusted persons of the society and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed. 8. Having heard 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 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 R/SCR.A/13297/2025 ORDER DATED: 01/10/2025 proceedings in relation to the impugned FIR against the applicants would be unnecessary harassment to the applicants. 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. No.11195024250435 of 2025 registered with Gadh Police Station, Dist. Banaskantha filed against the present applicants is hereby quashed and set aside qua the applicants. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicants. The complainant/victim is directed to deposit the amount of compensation, if any received, with the State Government within a period of two weeks from today, and to produce the receipt of the same before the learned Trial Court. Rule is made absolute. Direct service is permitted. A Copy of the order may be placed before 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 01/10/2025 18:22:49