R/CR.MA/25564/2025 ORDER DATED: 08/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 25564 of 2025 ========================================================== SURESHKUMAR JAYANTILAL MISTRI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. R. D. KAPADIA(14050) for the Applicant(s) No. 1 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. Yogesh K. Menghani 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 applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11200011242796 of 2024 registered with the Valsad Rural Police Station, District Valsad, for the o7ences punishable under Sections 51, 63, 64 of the Copyrights Act, 1957; Chargesheet dated 13.02.2025 as well as the proceedings of the Criminal Case No. 8526 of 2025 pending in the Court of the R/CR.MA/25564/2025 ORDER DATED: 08/12/2025 learned 2nd Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Civil Court, Valsad, so also all other consequential proceedings arising pursuant thereto. 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 submitted an a7idavit. The same are ordered to be taken on record. In the said a7idavit, 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. Yogesh K. Menghani waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 6. Learned advocate for the applicant-accused has submitted that since the dispute has been amicably resolved between the R/CR.MA/25564/2025 ORDER DATED: 08/12/2025 parties, the application may be allowed and the impugned FIR may be quashed and set-aside. 7. The complainant, who is personally present in the Court, 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 a7idavit led by the complainant – Hirenbhai Mukeshbhai Patel read thus : “3. I state that during the pendency of the subject matter, the Applicant herein approached the Respondent No. 2/Complainant for compromise of the present dispute and tendered an unconditional apology in this regard. The Applicant further informed that they are no longer engaged and have stopped all o#ending activities in respect of Complainant. In light of the above, the Respondent No. 2/Complainant accepted the assurance, apologies and undertakings of the Applicants and have accordingly decided not to pursue the criminal proceedings arising from the subject FIR. Hence, the subject dispute between the parties has been amicably resolved and even a MOU cum Settlement deed dated 21/12/2024 to the said e#ect has also been executed. 4. In light of the aforesaid, I have no grievance against the applicants-accused and have no objection if this Hon'ble Court may quash the FIR/Complaint dated 20.12.2024 along with Charge sheet dt., 21/12/2024 which has been culminated to Criminal Case No. 8526 of 2025.” 9. Having heard learned advocates appearing for the respective parties as well as considering the facts and R/CR.MA/25564/2025 ORDER DATED: 08/12/2025 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 applicant-accused would be nothing but unnecessary harassment to the applicant- 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. 11200011242796 of 2024 registered with the Valsad Rural Police Station, District Valsad, for the o7ences punishable under Sections 51, 63, 64 of the Copyrights Act, 1957; Chargesheet dated 13.02.2025 as well as R/CR.MA/25564/2025 ORDER DATED: 08/12/2025 the proceedings of the Criminal Case No. 8526 of 2025 pending in the Court of the learned 2nd Additional Senior Civil Judge & Additional Chief Judicial Magistrate, Civil Court, Valsad, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside, qua the present applicant 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 11:14:09