R/CR.MA/23279/2022 ORDER DATED: 18/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO.23279 of 2022 ========================================================== MANOJ RAJESHBHAI UBHRANI (Disposed of as per Hon'ble court order dt.21/12/22) & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance : DELETED for the Applicant No.1. K T BELADIYA for the Applicant Nos.2,3,4 MR HARSH SONI MR P P MAJMUDAR for the Respondent No.2. MR RONAK B. RAVAL, APP for the Respondent No.1. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 18/07/2025 ORAL ORDER 1. Heard the learned advocates appearing for the respective parties. As the present application qua applicant No.1 was not pressed by learned advocate for the applicant, the coordinate Bench of this Court vide order dated 21.12.2022 was pleased to dispose of the present application as not pressed qua applicant No.1. 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 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 R/CR.MA/23279/2022 ORDER DATED: 18/07/2025 forthwith. 4. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant Nos.2 to 4 have prayed for quashing and setting aside F.I.R. No.11196004220708 of 2022 registered with Gotri Police Station, Dist. Vadodara City for the commission of offence punishable under Sections 498A and 114 of the Indian Penal Code as well as quash all other consequential proceedings arising out of the aforesaid FIR qua the applicant Nos.2 to 4. 5. Learned advocate for the applicant Nos.2 to 4 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 Nos.2 to 4. It is submitted that respondent No.2 has filed an affidavit 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 482 of the Code of Criminal Procedure, 1973 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 R/CR.MA/23279/2022 ORDER DATED: 18/07/2025 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 relied upon the affidavit filed by respondent No.2 – Sakshi Manoj Rajeshbhai Ubhrani dated 18.7.2025. 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 Nos.2 to 4 and the respondent No.2 is resolved due to intervention of trusted persons of the society and therefore, now the grievance stands redressed and hence, she does not have any objection if the impugned FIR is quashed qua applicant Nos.2 to 4. 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 proceedings in relation to the impugned FIR against the applicants would be unnecessary harassment to the applicant Nos.2 to 4. It appears R/CR.MA/23279/2022 ORDER DATED: 18/07/2025 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.11196004220708 of 2022 registered with Gotri Police Station, Dist. Vadodara City filed against the present applicant Nos.2 to 4 is hereby quashed and set aside qua the applicant Nos.2 to 4. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicant Nos.2 to 4. Rule is made absolute qua applicant Nos.2 to 4. Direct service is permitted. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/07/2025 17:54:02