R/CR.MA/25227/2025 ORDER DATED: 10/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 25227 of 2025 ========================================================== DINESHBHAI UKABHAI ZALA & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR HN BRAHMBHATT(200) for the Applicant(s) No. 1,2,3 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 10/12/2025 ORAL ORDER 1. 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.11192064220056 of 2022 registered with the Dholka (Rural) Police Station, District – Ahmedabad, for the o6ences punishable under Sections 406, 420, 506(2) and 114 of the Indian Penal Code, 1860, as well as the proceedings of the Criminal Case No.976 of 2022 pending before the learned 2nd Additional Senior Civil Judge and learned Additional Chief Judicial Magistrate, Dholka, Ahmedabad, and all other consequential proceedings arising pursuant thereto. 2. Today, when the matter is called out, the complainant, R/CR.MA/25227/2025 ORDER DATED: 10/12/2025 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 with the intervention of the family members of both the parties, the dispute between him and the applicant-accused has been amicably resolved and there is no ill-will or any grievance amongst them 3. 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. 4. RULE returnable forthwith. Learned APP Mr.Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State. 5. The complainant, who is personally present before this Court, has categorically stated before this Court that the dispute has been amicably resolved and he has no objection if the application is allowed and the impugned order is quashed R/CR.MA/25227/2025 ORDER DATED: 10/12/2025 and set-aside. 6. The relevant paragraph of the a:davit reads thus : “ I say and submit that on the Ground of Consent of Both the Parties, Your Lordship may be Please to exercise the discretion in favor of Present Applicants Accused and may be Please to allow the aforesaid Misc. Cri. Application which is #led by the Present Applicants in the interest of justice and to be quash and set aside the Criminal Case No. 976/2022 which is pending before the Ld. 2nd Addl. Senior Civil Judge & A. J. M. F. C. Dholka, Dist. Ahmedabad against the Present Applicants Accused which is arising Criminal Complaint from the in vide C.R. No. 11192064220056/2022 Registered with Dholka Police Station, Dist. Ahmedabad on 01/03/2022.” 7. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR would be a futile exercise and the same would amount to abuse of process of law. Page 3 of 5 R/CR.MA/25227/2025 ORDER DATED: 10/12/2025 8. 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 pursuant to the impugned FIR as well as the proceedings of the criminal case 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 as well as the proceedings of the criminal case and all other consequential proceedings arising pursuant thereto are required to be quashed and set-aside in exercise of the powers conferred under Section 482 of the Criminal Procedure Code, 1973. Page 4 of 5 R/CR.MA/25227/2025 ORDER DATED: 10/12/2025 9. In the result, the application is allowed. The proceedings of the First Information Report No.11192064220056 of 2022 registered with the Dholka (Rural) Police Station, District – Ahmedabad, for the o6ences punishable under Sections 406, 420, 506(2) and 114 of the Indian Penal Code, 1860, as well as the proceedings of the Criminal Case No.976 of 2022 pending before the learned 2nd Additional Senior Civil Judge and learned Additional Chief Judicial Magistrate, Dholka, Ahmedabad, and all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside. 10. 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 11/12/2025 16:57:28