R/CR.MA/25751/2025 ORDER DATED: 08/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 25751 of 2025 ========================================================== LALABHAI MALSURBHAI KHAMBHALA & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1,2,3,4,5,6 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. Chirag Brahmbhatt 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. 11204033250161 of 2025 registered with the Limbasi Police Station, District Kheda, for the o3ences punishable under Sections 140(2), 115(2), 118(1), 189(2), 191(2), 191(3), 190, 324(4), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and under Section 135(1) of the G.P. Act, as well R/CR.MA/25751/2025 ORDER DATED: 08/12/2025 as all other consequential proceedings arising pursuant thereto. 3. Today, when the matter is called out, the complainant and the victim, both are personally present before this Court. The complainant and the victim both have also led their a3idavits, which are annexed at Annexure ‘B’ to the application. In the said a3idavits, the complainant and the victim both have 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. Chirag Brahmbhatt 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 R/CR.MA/25751/2025 ORDER DATED: 08/12/2025 impugned FIR may be quashed and set-aside. 7. The complainant and the victim who are personally present in the Court, have categorically stated before this Court that they have no objection if the application is allowed and the FIR is quashed and set-aside. Thus, it appears from the aforesaid that sending the applicants-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law. 8. The relevant paragraph of the a3idavit led by the complainant – Chimanbhai Dhirubhai Chauhan, reads thus : “I state and submit that, after ling a complaint due to intervention of family, friends and elders of the community amicable settlement have been arrived between the parties for quashing and setting aside FIR being I-C.R. No. 11204033250161 of 2025 registered with Limbasi Police Station for the o,ences punishable under section 140(2), 115(2), 118(1), 189(2), 191(2), 191(3), 190, 324(4), 352, 351(3) of BNS and s. 135 of GP Act and all consequential proceedings arising out from the said FIR against all the accused, and if the Hon’ble Court is quashing the FIR on a ground of consent / settlement then, I have no objections.” 9. The relevant paragraph of the a3idavit led by the victim – Dharamsinhbhai Madhabhai Makwana, reads thus : “I state and submit that, after ling a complaint due to intervention of family, friends and elders of the community amicable settlement have been arrived between the parties for quashing and setting aside FIR being I-C.R. No. 11204033250161 of 2025 registered with Limbasi Police Station for the o,ences punishable under section 140(2), 115(2), 118(1), 189(2), 191(2), 191(3), 190, 324(4), 352, 351(3) of BNS and s. 135 of GP Act and all consequential R/CR.MA/25751/2025 ORDER DATED: 08/12/2025 proceedings arising out from the said FIR against all the accused, and if the Hon’ble Court is quashing the FIR on a ground of consent / settlement then, I have no objections.” 10. 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 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. Page 4 of 5 R/CR.MA/25751/2025 ORDER DATED: 08/12/2025 11. In the result, the application is allowed. The proceedings of the First Information Report No. 11204033250161 of 2025 registered with the Limbasi Police Station, District Kheda, for the o3ences punishable under Sections 140(2), 115(2), 118(1), 189(2), 191(2), 191(3), 190, 324(4), 352, 351(3) of the Bharatiya Nyaya Sanhita, 2023 and under Section 135(1) of the G.P. Act, as well as all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside, qua the present applicants only. 12. 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 11:15:03