R/CR.MA/19500/2025 ORDER DATED: 03/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 19500 of 2025 ========================================================== LAKHDIRSINH KALUBHAI JADEJA & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR.ALOK M THAKKAR(6510) for the Applicant(s) No. 1,2,3,4,5,6 MR TRUPESH KATHIRIYA, PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM: HONOURABLE MR. JUSTICE NIRZAR S. DESAI Date : 03/10/2025 ORAL ORDER 1. Heard, the learned advocates appearing for the respective parties. 1.1 Learned advocate, Mr. Neel Dave, states that he appears for Respondent No.2 – the original complainant. He is permitted to file his appearance. 1.2 At the outset, Learned Advocate, Mr. Nilay Thakar, appearing for, learned Advocate, Mr. Alok Thakkar, for the petitioners, under the instructions, submitted that he does not press this petition qua Petitioner No.1-Lakhdirsinh Kalubhai Jadeja. 1.2.1 In above view of the matter, this petition stands disposed of as not pressed qua petitioner No.1 and the same shall survive only qua Petitioner Nos. 2 to 6 only. 2. Rule. Learned Additional Public Prosecutor as well as R/CR.MA/19500/2025 ORDER DATED: 03/10/2025 learned advocate appearing for the Complainant waive service of rule on behalf of the respective respondents. 3. Considering the issue involved in the present application and with the consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute between the applicant Nos. 2 to 6 and respondent No.2 has been resolved amicably, this application is taken up for final disposal, forthwith. 4. By way of this application, filed under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (hereinafter referred to as ”BNSS”), applicant Nos. 2 to 6 have prayed for quashing and setting aside the F.I.R., bearing No. I-156 of 2016, registered with Nilambaug Police Station, Bhavnagar, under Sections 365, 506(2), 504 and 143 of the Indian Penal Code and Sections 3(2)(5)(a) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and Special (Atrocity) Case No. 43 of 2016, pending before the learned 6th Additional Sessions Judge, Bhavnagar, as well as all other consequential proceedings arising out of the aforesaid FIR, qua the applicant. 5. Learned advocate for the applicant Nos. 2 to 6 has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that R/CR.MA/19500/2025 ORDER DATED: 03/10/2025 the parties have amicably resolved the dispute 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 applicant Nos. 2 to 6. It is submitted that respondent No. 2 has filed an affidavit in these proceedings and has declared that the dispute between applicant Nos. 2 to 6 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 that this Court may exercise its inherent powers and allow the application as prayed for qua applicant Nos. 2 to 6. 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 applicant. The learned advocate for respondent No.2 also relied upon the affidavit filed by respondent No.2 – Leelaben Rameshbhai Rathod and the Victim-Rameshbhai Veljibhai Rathod, Dated: 04.09.2025, which are produced R/CR.MA/19500/2025 ORDER DATED: 03/10/2025 on record, separately. Respondent No.2 and the victim are present in person before the Court and are duly identified by learned advocate for respondent No.2. On inquiry made by the Court, respondent No.2 and the victim have declared before this Court that the dispute between applicant Nos. 2 to 6 and respondent No.2 and the victim 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 the 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 by the Hon'ble Supreme Court 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), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. I have also considered the latest decision of the Hon'ble Supreme Court in the case of ‘Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur R/CR.MA/19500/2025 ORDER DATED: 03/10/2025 and others v. State of Gujarat’, Criminal Appeal No.1723 of 2017, dated 4.10.2017 and the guidelines issued by the Hon'ble Supreme Court in the said decision, particularly Paragraph-15, thereof. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. 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 482 of the Code. 9. Resultantly, this application is partly allowed and the impugned FIR, bearing No. I-156 of 2016, registered with Nilambaug Police Station, Bhavnagar, and Special (Atrocity) Case No. 43 of 2016, pending before the learned 6th Additional Sessions Judge, Bhavnagar, are hereby quashed and set aside qua applicant Nos. 2 to 6, only. Consequently, all other proceedings arising out of the aforesaid F.I.R. are also quashed and set aside qua applicant Nos. 2 to 6, only. Accordingly, Rule is made absolute. Direct service is permitted. (NIRZAR S. DESAI,J) UMESH/- Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHAVDA UMESH(HC00203), Principal pvt Secretary, at High Court of Gujarat on 04/10/2025 15:24:22