R/CR.MA/25192/2025 ORDER DATED: 10/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 25192 of 2025 ========================================================== HITESHBHAI @ RAJ JAYNTIBHAI KATARIYA (SORATHIYA) & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR KISHAN K NAYI(13080) for the Applicant(s) No. 1,2,3,4,5 MR KAUSHIK H BAROT(12920) for the Respondent(s) No. 2 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 10/12/2025 ORAL ORDER 1. Learned advocate Mr.K.H. Barot appears and submits that he has instructions to appear on behalf of the respondent No. 2- original complainant and the victim. He is permitted to le his appearance. Registry shall accept his vakalatnama. 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 FIR being C.R. No.11993003210035 of 2021 registered with the Anjar Police Station, District – Kachchh- East- Gandhidham, for the o6ences punishable under Sections 363, 386, 506(2), 294(b), 120(b), 364(a), 465, 468, 471 and 201 of the Indian Penal Code, as well as the charge-sheet being Criminal Case R/CR.MA/25192/2025 ORDER DATED: 10/12/2025 No.2143 of 2021 and all other consequential proceedings arising pursuant thereto. 3. RULE returnable forthwith. Learned APP Mr.Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State. Learned advocate Mr.K.H.Barot waives service of notice of rule for and on behalf of the respondent No.2- complainant and the victim. 4. At the outset, learned advocate appearing for the applicants has submitted that since the dispute between the parties has been amicably resolved, therefore, the trial would be a futile exercise and further continuation of the proceedings would amount to abuse of process of law. 5. Learned APP appearing for the respondent – State has vehemently opposed the present application and has submitted that considering the seriousness and gravamen of the o6ence, the complaint in question may not be quashed, and the present application may be rejected. 6. The respondent no.2 - original complainant- Malyanil @ R/CR.MA/25192/2025 ORDER DATED: 10/12/2025 Mehul Kanaksinh Udvani, who is the father of the victim-girl and the victim girl herself are personally present before this Court. They have submitted that the matter has been amicably resolved with the applicant-accused and they do not want to proceed further with the matter as they have no grievance against the present applicants-accused. The complainant and the victim-girl have also led their respective a@davits dated 02.12.2025 and their identity proof in this regard, which are ordered to be taken on record. 7. The relevant paragraphs of the a@davit led by the complainant read as under:- “I respectfully say and submit hat accused persons had done nothing wrong with my daughter and no untoward incident was happened with my daughter and she returned back safely to home and my daughter have not given single penny towards ransom to the accused persons. I respectfully say and submit that on account fo intervention of friends and elder members of society and mutual understanding, the dispute is amicably settled and resolved between me, my daughter and the present petitioners. However, now we have sorted out di6erences mutually and I have no grievance against the present petitioners and therefore I have no objection if Criminal complaint against the petitioners vide C.R. No.11993003210035 of 2021 registered with the R/CR.MA/25192/2025 ORDER DATED: 10/12/2025 Anjar Police Station, District – Kachchh- East- Gandhidham, for the o6ences punishable under Sections 363, 386, 506(2), 294(b), 120(b), 364(a), 465, 468, 471 and 201 of the Indian Penal Code, and charge-sheet being Criminal Case No.2143 of 2021 is quashed by this Hon’ble High Court.” 8. It is noteworthy that the victim-girl has also led an a@davit. The relevant paragraphs read as under:- “ I respectfully say and submit that accused persons had done nothing wrong with me and no untoward incident was happened with me and I returned back safely to home and I and my father have not given single penny towards ransom to the accused persons .” I respectfully say and submit that on account fo intervention of friends and elder members of society and mutual understanding, the dispute is amicably settled and resolved between me, my father and the present petitioners. However, now we have sorted out di6erences mutually and I have no grievance against the present petitioners and therefore I have no objection if Criminal complaint against the petitioners vide C.R. No.11993003210035 of 2021 registered with the Anjar Police Station, District – Kachchh- East- Gandhidham, for the o6ences punishable under Sections 363, 386, 506(2), 294(b), 120(b), 364(a), 465, 468, 471 and 201 of the Indian Penal Code, and charge-sheet being Criminal Case No.2143 of 2021 is quashed by this Hon’ble High Court.” 9. Having heard learned advocates appearing for the respective parties and having taken into consideration the R/CR.MA/25192/2025 ORDER DATED: 10/12/2025 a@davits led by the victim and the complainant along with the decisions of the Supreme Court 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 continuing further with the criminal proceedings in relation to the impugned FIR against the applicants-accused would be nothing but unnecessary harassment to the applicant-accused, and it would be a futile exercise. 10. Considering the nature of the dispute between the parties as well as considering the peculiar aspect, I am of the considered opinion that the matter requires consideration. The continuation of the trial would be a futile exercise since the star witness, who herself is the victim, does not want to continue further with the proceedings pursuant to the impugned FIR. It, therefore, appears that the same would amount to abuse of process of law. Therefore, to secure the R/CR.MA/25192/2025 ORDER DATED: 10/12/2025 ends of justice, the impugned FIR is required to be quashed and set aside in exercise of the inherent powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,. 11. In the result, the application is allowed. The FIR being C.R. No.11993003210035 of 2021 registered with the Anjar Police Station, District – Kachchh- East- Gandhidham, for the o6ences punishable under Sections 363, 386, 506(2), 294(b), 120(b), 364(a), 465, 468, 471 and 201 of the Indian Penal Code, as well as charge-sheet being Criminal Case No.2143 of 2021, are hereby ordered to be quashed and set-aside. All other consequential proceedings arising pursuant thereto are also quashed and set-aside. 12. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) prk Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PIYUSH RAMESHBHAI KANOJIYA(HC01390), PRIVATE SECRETARY, at High Court of Gujarat on 11/12/2025 18:12:28