R/CR.MA/7255/2022 ORDER DATED: 10/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 7255 of 2022 ========================================================== NARESHBHAI JASABHAI @ JASUBHAI MAKWANA & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR MB RANA(2760) for the Applicant(s) No. 1,2 P S CHANDRA(7490) 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.H.N. Brahmbhatt 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 482 of the Criminal Procedure Code, 1973, the applicants-accused have prayed to quash and set-aside the First Information Report No. 11192064220023 of 2022 registered with the Dholka (Rual) Police Station, District – Ahmedabad (Rural), for the o8ences punishable under Sections 465, 467, 468, 471 and 114 of the Indian Penal Code, 1860, as well as the proceedings of the Criminal Case No.2128 if 2023 pending before the learned Additional Chief Judicial Magistrate, Dholka Court, Ahmedabad (Rural), so also all other consequential proceedings arising pursuant thereto. Page 1 of 4 R/CR.MA/7255/2022 ORDER DATED: 10/12/2025 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 all the dispute related to land in question are put to an end. Hence, the dispute between him and the applicants-accused 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.H.N. Brahmbhatt 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 : “ That, I say and submit that, I am original complainant FIR being C.R.No. 11192064220023 of 2022 registered with Dholka Police (Rural) Station, Ahmedabad for the o-ences punishable under sections 465,467,468,471 and 114 of the Indian Penal Code, I have 2led the said FIR for the alleged o-ence as stated in the FIR. I say and submit that, I have R/CR.MA/7255/2022 ORDER DATED: 10/12/2025 amicably settled the dispute and accordingly a Settlement Deed came to be executed Copy of Settlement Deed is annexed herewith and marked as ANNEXURE-R1. Therefore, as per the said agreement, all the dispute related to land in question are put to an end and accordingly, all the pending litigations between both the parties are require to put to a positive end. Therefore, since the dispute is amicably settled, I have no objection if impugned FIR and subsequent proceedings being Criminal Case No. 2128/2023 pending before Dholka Court arising out of said FIR, is quashed as set aside as prayed by the petitioners.” 8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR and the Criminal Case 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 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 R/CR.MA/7255/2022 ORDER DATED: 10/12/2025 required to be quashed and set-aside in exercise of the powers conferred under Section 482 of the Criminal Procedure Code, 1973. 10. In the result, the application is allowed. The proceedings of the First Information Report No.11192064220023 of 2022 registered with the Dholka (Rual) Police Station, District – Ahmedabad (Rural), for the o8ences punishable under Sections 465, 467, 468, 471 and 114 of the Indian Penal Code, 1860, as well as the proceedings of the Criminal Case No.2128 if 2023 pending before the learned Additional Chief Judicial Magistrate, Dholka Court, Ahmedabad (Rural), 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) 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 16:56:23