R/SCR.A/12511/2025 ORDER DATED: 09/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12511 of 2025 ============================================ MUMTAJBEN ALLARAKHABHAI JETHAVA & ORS. Versus STATE OF GUJARAT & ANR. ============================================ Appearance: MR BH SOLANKI(5353) for the Applicant(s) No. 1,2,3,4 MS MONALI BHATT, APP for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 09/10/2025 ORAL ORDER Learned Advocate Mr. Chirag Parekh, 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 petitioners have prayed to quash and set aside the complaint being FIR No.11208056250465 of 2025 registered with Thorala Police Station, Rajkot City, for the offences under Sections 5, 40 and 42 of the Gujarat Money-Lenders R/SCR.A/12511/2025 ORDER DATED: 09/10/2025 Act and all the consequential proceedings arising therefrom. 4) The allegations against the petitioners are that the complainant obtained amount of Rs.1,50,000/- from the accused no.1 @ 15% interest and Rs.1,80,000/- from the accused nos.2 and 3 @ 10% interest and Rs.80,000/- from the accused no.4 @ Rs.3,200/- per day interest. In this way the accused without any license lent money to the complainant and harassing the complainant. Hence, the impugned FIR 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 09.10.2025 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 and identified by his 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 (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 no R/SCR.A/12511/2025 ORDER DATED: 09/10/2025 purpose would be served and there is bleak chance of conviction, 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.11208056250465 of 2025 registered with Thorala Police Station, Rajkot City, as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioners herein. Rule is made absolute. Direct service is permitted. If the petitioners are in jail, the jail authority concerned is directed to release the petitioners 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 10/10/2025 10:12:17