R/CR.MA/26033/2025 ORDER DATED: 10/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 26033 of 2025 ========================================================== JAYESH RANABHAI DANGAR & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR BHAVIN S RAIYANI(3855) for the Applicant(s) No. 1,2,3,4,5 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. Bhargav Mehta appears and submits that the learned advocate Mr. Kunal Desai has instructions to appear on behalf of the respondent no.2 – original complainant. Mr. Desai, is permitted to le his appearance. Registry shall accept his vakalatnama. 2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report being I-C.R. No. 138 of 2019 registered with the Bhaktinagar Police Station, District Rajkot City, for the o2ences punishable under Sections 326, 450, 323, 504, 506(2), 143, 149, 147, 148 of the Indian Penal Code and Section 135 of G.P. Act, R/CR.MA/26033/2025 ORDER DATED: 10/12/2025 as well as the proceedings of the Sessions Case No.34 of 2022 pending in the Court of the learned 10th Additional District & Sessions Judge, Rajkot, so also all other consequential proceedings arising pursuant thereto. 3. Today, when the matter is called out, the complainant is personally present before this Court. He has also led an a2idavit, which is annexed at Annexure ‘C’ to the application. In the said a2idavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute between the parties has been amicably resolved and there is no ill-will or any grievance amongst them. 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. Bhargav Mehta waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 6. Learned advocate for the applicants-accused has R/CR.MA/26033/2025 ORDER DATED: 10/12/2025 submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR may be quashed and set-aside. 7. The complainant, who is personally present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the FIR is quashed and set-aside. Thus, it appears from the aforesaid that sending the applicants-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law. 8. The relevant paragraphs of the a2idavit led by the complainant – Abhai Ashokbhai Sonara, read thus : “2. I say that due to some quarrel has been arise between me and petitioner No. 4 and 5 regarding shop rant amount, but now between me and all petitioners have settled the dispute. I would further submit that I am not willing to go ahead with the criminal trial and don't even wish to give false evidence on oath before the Hon'ble Court and therefore I request to this Hon'ble Court that the present FIR as well as Sessions Case No. 34 of 2022 may kindly be quashed in the interest of justice as no useful purpose would be served by conducting the trial before the court of law and wasting the precious time of the investigating agency. I further say and submits that, we all are (petitioners and complainant) residing in nearest vicinity and we all have good family relation and therefore also I don't want to continue go ahead with the criminal trial. 3. I further submit that, compromise has been done between me and petitioners since long and after registration of FIR, I willing to go to police station for give further statement but It would be refused by police o,icer and therefore I am constrained to approach this Hon'ble court narrating the true statement on oath on A,idavit and therefore also the FIR as well as sessions case No. 34 of 2022 may kindly be quashed in the interest of justice.” R/CR.MA/26033/2025 ORDER DATED: 10/12/2025 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 further continuation of the criminal proceedings in relation to the impugned FIR against the applicants-accused would be nothing but unnecessary harassment to the applicants- accused. It further appears that the trial would be a futile exercise and continuing further with the proceedings pursuant to the impugned FIR 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 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 10. In the result, the application is allowed. The proceedings of the First Information Report being I-C.R. No. 138 of 2019 R/CR.MA/26033/2025 ORDER DATED: 10/12/2025 registered with the Bhaktinagar Police Station, District Rajkot City, for the o2ences punishable under Sections 326, 450, 323, 504, 506(2), 143, 149, 147, 148 of the Indian Penal Code and Section 135 of G.P. Act, as well as the proceedings of the Sessions Case No.34 of 2022, pending in the Court of the learned 10th Additional District & Sessions Judge, Rajkot, so also 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) AMAR SINGH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 11/12/2025 17:42:50