R/CR.MA/23534/2025 ORDER DATED: 03/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 23534 of 2025 With CRIMINAL MISC.APPLICATION (FOR AMENDMENT) NO. 1 of 2025 In R/CRIMINAL MISC.APPLICATION NO. 23534 of 2025 ========================================================== AMIT SURESHBHAI UNADKAR & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. DHRUV TOLIYA(9249) for the Applicant(s) No. 1,2 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 03/12/2025 ORAL ORDER ORDER IN CRIMINAL MISC. APPLICATION NO. 1 of 2025 1. The amendment application is allowed. Learned advocate appearing for the applicant shall carry out the amendment forthwith. After the amendment, the Registry shall correct the cause-title of the Criminal Misc. Application No. 23534 of 2025. ORDER IN CRIMINAL MISC. APPLICATION NO. 23534 of 2025 1. Learned advocate Mr. Neel Kanabar appears and submits that he has instructions to appear on behalf of the respondent no.2 - complainant. He is permitted to +le his appearance. Registry shall accept his vakalatnama. Page 1 of 4 R/CR.MA/23534/2025 ORDER DATED: 03/12/2025 2. By way of +ling the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants- accused have prayed to quash and set-aside the First Information Report No.11208044250850 of 2025 registered with the Pradhyuman Nagar Police Station, District – Rajkot (City), for the o9ences punishable under Sections 309(6), 140(2), 127(2), 115(2), 204 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, as well as all other consequential proceedings arising pursuant thereto. 3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof as well as the a=davit, which are ordered to be taken on record. In the said a=davit, the complainant has categorically stated that he has received his dues and the dispute has been amicably resolved. The complainant has further stated that he has no grievance or ill- will against the applicants. 4. Considering the issue involved in the present application as well as considering the fact that the dispute has been amicably resolved between the parties, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for +nal disposal. 5. RULE returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Neel Kanabar waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 6. The complainant, who is personally present before this Court, has categorically stated before this Court that the dispute has been resolved and he has no objection if the application is allowed and R/CR.MA/23534/2025 ORDER DATED: 03/12/2025 the impugned order is quashed and set-aside. 7. The relevant paragraph of the a=davit reads thus : “3. I further say and submit that in view of the aforesaid complete settlement, I do not wish to pursue the impugned FIR or the proceedings arising out of it any further, insofar as they concern the present Applicants (Orig. Accused Nos. 2 and 3). I say and submit that the continuance of the criminal proceedings despite full settlement would serve no fruitful purpose and would only cause unnecessary hardship to the Applicants, even though the underlying dispute is already resolved.” 8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned order would be a futile exercise and the same would amount to abuse of process of law. 9. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another, 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 & Another, reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others, reported in (2009) 1 GLH 190, and Narinder Singh & Others vs. State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it appears that continuing further with the proceedings R/CR.MA/23534/2025 ORDER DATED: 03/12/2025 pursuant to the impugned FIR would be a futile exercise and the same would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and all other consequential proceedings arising pursuant thereto are required to be quashed and set-aside in exercise of the powers conferred 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 10. In the result, the application is allowed. The proceedings of the First Information Report No.11208044250850 of 2025 registered with the Pradhyuman Nagar Police Station, District – Rajkot (City), for the o9ences punishable under Sections 309(6), 140(2), 127(2), 115(2), 204 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside. 11. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) DEEPAK GEHLOT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: DEEPAK GEHLOT(HC02361), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 04/12/2025 18:44:23