R/SCR.A/14301/2025 ORDER DATED: 03/11/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 14301 of 2025 ========================================================== VAGHERA SHARIF SATARBHAI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR NABIL O BLOCH(7953) for the Applicant(s) No. 1 MS SHRUTI PATHAK, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 03/11/2025 ORAL ORDER [1.0] Registry to accept vakalatnama of learned advocate Mr. Chirag A. Prajapati, who has instructions to appear for the original complainant. [2.0] RULE. Learned advocates waive service of note of rule on behalf of the respective respondents. [3.0] Considering the facts and circumstances of the case and since it is jointly stated at the Bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for =nal disposal forthwith. [4.0] By way of this petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the BNSS, the petitioner has prayed to quash and set aside the FIR being CR No.11202009251855 of 2025 registered with City B Division Police Station, District Jamnagar for the oBences punishable R/SCR.A/14301/2025 ORDER DATED: 03/11/2025 under Sections 118(2), 118(1), 352 and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and section 135(1) of the Gujarat Police Act and to quash all other consequential proceedings arising therefrom. [5.0] Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant as well as the injured have also =led ACdavits of settlement which are at Annexure-B to the petition. In the ACdavits, the original complainant as well as the injured have categorically stated that the dispute with the petitioner has been resolved amicably and that they have no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them. [6.0] Having heard learned advocates on both the sides and considering the facts and circumstances of the case as also the principle laid down by the Apex Court in the cases of (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as also considering the fact that dispute between the parties has been amicably settled and the original complainant as well as the injured, who have remained personally R/SCR.A/14301/2025 ORDER DATED: 03/11/2025 present in the Court have aCrmed the factum of settlement with the petitioner and therefore, no purpose would be served in continuing with the impugned FIR and hence, in the opinion of this Court, the further continuation of criminal proceedings against the present petitioner in relation to the impugned FIR would cause unnecessary harassment to the petitioner. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof. [7.0] In the result, petition is allowed. The impugned FIR being CR No.11202009251855 of 2025 registered with City B Division Police Station, District Jamnagar as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner herein. If the petitioner is in jail, the jail authority concerned is directed to release the petitioner forthwith, if not required in connection with any other case. Rule is made absolute to the aforesaid extent only. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 03/11/2025 14:27:12