R/CR.MA/25979/2025 ORDER DATED: 11/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 25979 of 2025 ========================================================== BHOL AKHTAR ASLAM Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR MAKBUL I MANSURI(2694) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 11/12/2025 ORAL ORDER 1. Yesterday, learned advocate Mr. Shailesh M. Ahir had appeared and submitted that he has instructions to appear on behalf of the respondent no.2 – original complainant. He was permitted to file his appearance. Registry shall accept his vakalatnama. Learned APP Mr. Manan Maheta appearing for the respondent No. 1 – State had requested for time to verify the criminal antecedents of the present applicant-accused. Today, the learned APP has submitted that there is no criminal antecedents against the present applicant-accused. 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. 11207002250522 of 2025 registered with the Godhra ‘B’ Division Police Station, District Panchmahals, for the R/CR.MA/25979/2025 ORDER DATED: 11/12/2025 offences punishable under Sections 305, 331(4) of the Bharatiya Nyaya Sanhita, 2023, as well as all other consequential proceedings arising pursuant thereto. 3. It appears from the record that the complainant has also filed an affidavit, wherein, he has categorically stated that with the intervention of the friends, family members and community people, the dispute between the parties 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 final 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. Shailesh M. Ahir 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 parties, the application may be allowed and the impugned FIR may be quashed and set-aside. Page 2 of 4 R/CR.MA/25979/2025 ORDER DATED: 11/12/2025 7. From the affidavit filed by the complainant, it appears 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 affidavit filed by the complainant – Juned Usman Yayman, read thus : “(2) I further say and submit that Petitioner and respondent No.2 - Original Complainant were settled the case and now no grievance pending between us. In view of that I have no objection if the present petition is allow for quashing of FIR registered on 10/09/2025 being C.R. No. 11207002250522 of 2025 under section 305 and 331(4) of the Bharatiya Nyaya Sanhita, 2023, registered with the Godhra "B" Division Police Station, District: Panchmahals and any subsequent proceeding arising from the FIR, on the ground of settlement amicably all the disputes. (3) I respectfully say and submit that the dispute between us is resolved and there is no surviving grievance. The settlement arrived between me and Petitioner would be binding to me/my legal representative with respect to the aforementioned offence for all time to come in future. I have settled this matter without any coercion or force from the petitioner.” 9. Having heard learned advocates appearing for the respective parties as well as considering the facts and 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 R/CR.MA/25979/2025 ORDER DATED: 11/12/2025 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. 11207002250522 of 2025 registered with the Godhra ‘B’ Division Police Station, District Panchmahals, for the offences punishable under Sections 305, 331(4) of the Bharatiya Nyaya Sanhita, 2023, as well as all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside. 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 11/12/2025 17:41:48