R/CR.MA/19257/2025 ORDER DATED: 22/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR CONSENT QUASHING) NO.19257 of 2025 ========================================================== GANESH @ GANIYO BACHUBHAI RAJPUT & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance : MR ADITYA T PANCHOLI for the Applicants No.1,2,3,4 MR HITESH N KARELIYA for the Applicants No.1,2,3,4 MR RONAK RAVAL, APP for the Respondent No.1. MR OMPRAKASH BAGHEL for the Respondent No.2. ========================================= CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 22/09/2025 ORAL ORDER 1. Learned advocate Mr. Pancholi, upon instructions, seeks permission to withdraw this application qua applicant No.1 – Ganesh @ Ganiyo Bachubhai Rajput. Permission as prayed for is granted. The present application stands dismissed as withdrawn qua applicant No.1 and would survive only qua applicant Nos.2 to 4. 2. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. Omprakash Baghel states that he has instructions to appear for the original complainant – respondent No.2. He is directed to file his appearance forthwith. The complainant states that the matter is settled between the parties. 3. Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of Rule on behalf of the respective respondents. Page 1 of 4 R/CR.MA/19257/2025 ORDER DATED: 22/09/2025 4. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant Nos.2 to 4 and respondent No.2 has been resolved amicably, this application is taken up for final disposal forthwith. 4. By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ”BNSS”), the applicant Nos.2 to 4 have prayed for quashing and setting aside F.I.R. No.11210022251709 of 2025 registered with Kapodara Police Station, Dist. Surat for the commission of offence punishable under Sections 109(1), 64(1), 64(2)(j), 115(2), 117(2), 127(2), 351(3) of the Bharatiya Nyaya Sanhita, 2023 as well as quash all other consequential proceedings arising out of the aforesaid FIR qua the applicant Nos.2 to 4. 5. Learned advocate for the applicants No.2 to 4 has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue and therefore, any further continuance of the proceedings pursuant to the impugned FIR as well as any further proceedings arising therefrom would create hardship to the applicants No.2 to 4. It is submitted that respondent No.2 has filed an affidavit in these proceedings and has declared that the dispute between the applicants No.2 to 4 and respondent No.2 is resolved due to intervention of trusted persons of the society. It is further submitted that in view of the fact that the dispute is resolved, the trial would be futile and any further continuance of the proceedings would amount to abuse of process of law. It is therefore submitted R/CR.MA/19257/2025 ORDER DATED: 22/09/2025 that this Court may exercise its inherent powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and allow the application as prayed for. 6. Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that considering the seriousness of the offence, the complaint in question may not be quashed and the present application may be rejected. 7. Learned advocate for respondent No.2 has reiterated the contentions raised by the learned advocate for the applicants No.2 to 4. The learned advocate for respondent No.2 also relied upon the affidavit filed by respondent No.2 – Sonalben Ganeshbhai Rajput dated 3.9.2025. Respondent No.2 is present in person before the Court and is identified by learned advocate for respondent No.2. On inquiry made by the Court, respondent No.2 has declared before this Court that the dispute between the applicants No.2 to 4 and the respondent No.2 is resolved due to intervention of trusted persons of the society and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed. 8. Having heard learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions 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., R/CR.MA/19257/2025 ORDER DATED: 22/09/2025 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 further continuation of criminal proceedings in relation to the impugned FIR against the applicants No.2 to 4 would be unnecessary harassment to the applicants No.2 to 4. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 9. Resultantly, this application is allowed and the impugned F.I.R. No.11210022251709 of 2025 registered with Kapodara Police Station, Dist. Surat filed against the present applicants is hereby quashed and set aside qua the applicants No.2 to 4. Consequently, all other proceedings arising out of the aforesaid FIR are also quashed and set aside qua the applicants No.2 to 4. Rule is made absolute qua applicants No.2 to 4. Direct service is permitted. (NIRZAR S. DESAI,J) SAVARIYA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RAJNISH NARENDRA SAVARIYA(HC00179), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 23/09/2025 15:00:49