R/SCR.A/13738/2025 ORDER DATED: 13/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 13738 of 2025 ============================================ JAHANGIRBHAI DADUBHAI KURESHI Versus STATE OF GUJARAT & ANR. ============================================ Appearance: MR KANDARP H DHOLAKIA(3704) for the Applicant(s) No. 1 MS VRUNDA SHAH, APP for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 13/10/2025 ORAL ORDER Learned Advocate Mr. Tushar L. Sheth states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama. The Registry is directed to accept the Vakalatnama. 1) RULE. Learned advocates waive service of notice of rule on behalf of the respective respondents. 2) 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 final disposal forthwith. 3) By way of present petition under Articles 226 and 227 of the Constitution of India and under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”), the petitioner has prayed to quash and set aside the complaint being FIR No.11193004250379 of 2025 registered with Amreli Rural Police Station, Amreli for the offences under Sections 336(3), 318(4), 338, 339 and 340(2) of R/SCR.A/13738/2025 ORDER DATED: 13/10/2025 the Bharatiya Nyaya Sanhita, 2023 and all the consequential proceedings arising therefrom. 4) The allegations against the petitioner are that the petitioner- accused was having knowledge that the Sale Deed was earlier executed of plot no.26 in Survey No.58/2 and 58/3 in Mangvapaal Village, Taluka Amreli, even though in the year 2007 without being its owner sold the said property the complainant impersonating administrator of the said property by executing forged documents. Thereafter, also executed false Agreement to Sell of plot no.8 and obtained consideration from the complainant and committed the offence. Hence, the impugned complaint was lodged. 5) 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 has also filed an Affidavit dated 24.09.2025 which is taken on record. In the Affidavit, the original complainant has categorically stated that the dispute with the petitioner has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them. The complainant is present in-person / through virtual mode and identified by his/her learned Advocate. The complainant has admitted the factum of settlement. 6) 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 R/SCR.A/13738/2025 ORDER DATED: 13/10/2025 (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), considering the facts that the dispute is private in nature and the parties amicably settled the dispute and the petition is having no past antecedents, therefore, in the opinion of this Court, the further continuation of criminal proceedings against the 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 under Section 528 of the BNSS. 7) In the result, the petition is allowed. The impugned complaint being FIR No.11193004250379 of 2025 registered with Amreli Rural Police Station, Amreli as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner herein. Rule is made absolute. Direct service is permitted. 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. (HASMUKH D. SUTHAR,J) ANKIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 13/10/2025 18:15:29