R/CR.MA/25990/2025 ORDER DATED: 10/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 25990 of 2025 ========================================================== IRFAN MOHAMMED FIRDOS KOTHI & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1,2,3,4 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.Jigar Patel 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. 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.11207002240105 of 2024 registered with the Godhra Town B Division Police Station, District - Panchmahals, for the o7ences punishable under Sections 392, 323, 506(2) and 114 of the Indian Penal Code, 1860, and 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 the dispute between him and the applicants-accused has been amicably R/CR.MA/25990/2025 ORDER DATED: 10/12/2025 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.Jigar Patel 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 amicably resolved and he has no objection if the application is allowed and the impugned order is quashed and set-aside. 7. The relevant paragraph of the a<davit reads thus : “ I say and submit that the dispute between myself and applicant-accused came to be settled, and at relevant point of time on account of minor misconception the F.I.R in question came to be led against the applicant and after registration of the case, the dispute is now settled between myself and applicant, now there is no ill will-grievances exists amongst us, under these set of circumstances, if the Hon'ble Court pleased to terminate the proceeding as prayed for by the applicants by quashing and setting aside the F.I.R being FIR No.-11207002240105 of 2024 led R/CR.MA/25990/2025 ORDER DATED: 10/12/2025 before Godhra Town B-Division Police Station, Panchmahal, and further proceedings arising thereof in I've no objection.” 8. 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. 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 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 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 No.11207002240105 of 2024 registered with the Godhra Town B Division Police Station, District - R/CR.MA/25990/2025 ORDER DATED: 10/12/2025 Panchmahals, for the o7ences punishable under Sections 392, 323, 506(2) and 114 of the Indian Penal Code, 1860, 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 11/12/2025 16:58:23