R/CR.MA/27417/2025 ORDER DATED: 24/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 27417 of 2025 ========================================================== NIRAVKUMAR NARENDRABHAI PATEL Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. NILESHKUMAR MANJIBHAI VAGHASIA(11473) for the Applicant(s) No. 1 MR. RAFIK LOKHANDWALA(5590) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 24/12/2025 ORAL ORDER 1. Learned advocate Mr.Salim Saiyed appears and states that he has instructions to appear on behalf of the respondent No. 2- original complainant. He is permitted to le his appearance. Registry shall accept his vakalatnama. 2. By way of ling this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ”the BNSS”), the applicant-accused has prayed to quash and set aside the FIR being CR. No.11210063250821 of 2025 registered with the Singanpor-Dabholi Police Station, Surat, for the o3ences punishable under Sections 318(4), 316(5) and 54, etc, of the Bharatiya Nyaya Sanhita, 2023, as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicants herein. Page 1 of 4 R/CR.MA/27417/2025 ORDER DATED: 24/12/2025 3. Today, when the matter is called out, the complainant is personally present before this Court and has produced the identity proof and the a6davit, which are ordered to be taken on record. In the said a6davit, the complainant has categorically stated that the dispute between the parties is now 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 between the parties has been amicably resolved with the consent of learned advocates 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 the rule for and on behalf of the respondent No.1 State. Learned advocate Mr. Salim Saiyed waives service of notice of rule on behalf of the respondent No.2 Complainant. 6. The complainant, who is personally present in the Court has stated before this Court that he has no objection if the FIR is quashed. Thus, sending the applicant-accused to face the trial would be a futile exercise. The relevant paragraphs of the a6davit led by the complainant read thus : “ 2. That due to intervention of family, friends and the respectable persons, the dispute between myself and the accused has been amicably resolved and settled. Page 2 of 4 R/CR.MA/27417/2025 ORDER DATED: 24/12/2025 Therefore, I do not want to prosecute the applicant any further with respect to the impugned FIR. 3. That I also clarify that no monetary consideration or any amount has been accepted by me for arriving at the settlement, and the settlement has been arrived at without any monetary bene t and purely out of my free will and consent. 4. That the compromise has been entered into voluntarily and consciously, without any fraud, coercion, pressure, threat or undue in"uence from any side, and all parties have agreed to honour and abide by the settlement.” 7. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also 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., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. 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 criminal proceedings in relation to the impugned FIR against the applicant-accused would be an unnecessary harassment to the applicant- accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant R/CR.MA/27417/2025 ORDER DATED: 24/12/2025 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 are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. In the result, the application is allowed. The FIR being CR. No.11210063250821 of 2025 registered with the Singanpor-Dabholi Police Station, Surat, for the o3ences punishable under Sections 318(4), 316(5) and 54, etc, of the Bharatiya Nyaya Sanhita, 2023 is hereby quashed and set- aside and all other consequential proceedings arising out of the aforesaid FIR qua the applicant are hereby terminated. 9. The authority shall release the applicant forthwith, if he is not required in any other case. 10. Rule made absolute. Direct service is permitted, today. (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 24/12/2025 14:13:29