R/CR.MA/23931/2025 ORDER DATED: 08/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 23931 of 2025 ========================================================== BRIJESHBHAI SANJAYBHAI PATEL & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. JAPAN V. DAVE, ADVOCATE FOR MR NIRAV C SANGHAVI(5950) for the Applicant(s) No. 1,2 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 08/12/2025 ORAL ORDER 1. Learned advocate Mr. Mahesh Poojara appears and submits 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 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 No. 11215037250509 of 2025 registered with the Vidhyanagar Police Station, District Anand, for the o5ences punishable under Sections318(4), 336(2), 338, 340(2), 54 of the Bharatiya Nyaya Sanhita, 2023, as well as all other consequential proceedings arising pursuant thereto. Page 1 of 4 R/CR.MA/23931/2025 ORDER DATED: 08/12/2025 3. Today, when the matter is called out, the complainant is present before this Court through virtual mode. Learned advocate appearing for the complainant has produced the identity proof as well as submitted the a5idavit of the complainant. The same are ordered to be taken on record. In the said a5idavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute 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. Mahesh Poojara waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 6. Learned advocate for the applicants-accused has 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. Page 2 of 4 R/CR.MA/23931/2025 ORDER DATED: 08/12/2025 7. The complainant, who present in the Court through virtual mode, 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 applicant-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 a5idavit led by the complainant – Umeshkumar Bhailalbhai Zala reads thus : “6. I say and submit that after lodging the FIR, the accused contacted me and oered their support to convert my three-year work permit to a one-year open work permit. I received my open work permit for one year, and presently I am working in Canada. 7. 1 say and submit that it was mutually decided between the accused and me that, since the new work permit is for one year instead of three years, Accused No. 1, on behalf of all other accused, shall pay me Rs. 25,00,000/-. I have received the said amount as well as the one-year open work permit as mentioned above. Therefore, I have no grievance regarding the amount involved in the matter. 8. I say and submit that it has been mutually agreed between me and the original accused persons not to pursue the present litigation further.” 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, R/CR.MA/23931/2025 ORDER DATED: 08/12/2025 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 No. 11215037250509 of 2025 registered with the Vidhyanagar Police Station, District Anand, for the o5ences punishable under Sections 318(4), 336(2), 338, 340(2), 54 of the Bharatiya Nyaya Sanhita, 2023, as well as all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside, qua the present applicants only. 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 09/12/2025 11:12:52