R/CR.MA/24456/2025 ORDER DATED: 29/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 24456 of 2025 ========================================================== SUMITRABEN RAMCHANDRA PRAJAPATI & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR MIREN PRIYADARSHI(11023) for the Applicant(s) No. 1,2,3,4 MS. ANITASALOMI B KAPADIA(14638) for the Applicant(s) No. 1,2,3,4 MR K.M.ANTANI, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 29/01/2026 ORAL ORDER 1. Learned advocate Ms.Ankita Goswami appears and submits that she has instructions to appear on behalf of the respondent no.2 – complainant. Registry shall accept her vakalatnama. 2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants- accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report being C.R.No.11191035250793 of 2025 registered with the Naroda Police Station, Ahmedabad city, for the offences punishable under Sections 115(2), 296(b) and 54 of the Bharatiya Nyaya Sanhita, 2023 and under section 3(1)(r), 3(1) (s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, as well as all other consequential proceedings arising pursuant thereto. Page 1 of 5 R/CR.MA/24456/2025 ORDER DATED: 29/01/2026 3. Today, when the matter is called out, the complainant and her husband, who are personally present before this Court, have produced their identity proofs as well as the afÏdavits, which are ordered to be taken on record. They have submitted that they have not received any compensation from the Government. In the said afÏdavits, they have categorically stated that with the intervention of the friends, family members and community people, the dispute has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, they do not want to proceed further with the matter qua the present applicants. 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.K.M.Antani waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Ms.Ankita Goswami waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 6. Learned advocate for the applicants-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 5 R/CR.MA/24456/2025 ORDER DATED: 29/01/2026 7. The complainant and her husband, who are personally present in the Court, have categorically stated before this Court that they have no objection if the application is allowed and the FIR is quashed and set-aside qua the applicants. Thus, it appears from the aforesaid that sending the applicants- 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 afÏdavit of the original complainant, read thus : “(1) THAT, I the original complainant and the applicants belongs to same society and being neighbours, therefore with the intervention of elderly members of the society, we have amicably settled the matter out of the court. Moreover, the accused person i.e. applicant has apologised to me, in public, therefore I have settled this matter, amicably. (2) THAT, I the undersigned do not have any objection, if this Hon'ble Court would quash and set aside the FIR being 1st C.R. No. 11191035250793 / 2025 lodged on 30.09.2025, by Urmilaben Vijaybhai Rupala i.e. Respondent no.2, u/s. 115(2), 296(b) and 54 of the Bharatiya Nyaya Shanhita Act - 2023 and u/s. 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, at Naroda Police Station, Ahmedabad City.” 9. The relevant paragraphs of the afÏdavit of the husband of the original complainant, read thus : p. 3 R/CR.MA/24456/2025 ORDER DATED: 29/01/2026 “(1) THAT, I, being the husband of the original complainant and the applicants belongs to the same society and are neighbours; therefore, with the intervention of elderly members of the society, we have amicably settled the matter out of court. Moreover, the accused person, i.e. applicant, has apologised to me and my wife (orig. Complainant), in public, therefore I have settled this matter amicably. (2) THAT, I, the undersigned, do not have any objection, if this Hon'ble Court would quash and set aside the FIR being 1st C.R. No. 11191035250793 / 2025 lodged on 30.09.2025, by Urmilaben Vijaybhai Rupala, i.e. Respondent no.2, u/s. 115(2), 296(b) and 54 of the Bharatiya Nyaya Shanhita Act - 2023 and u/s. 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, at Naroda Police Station, Ahmedabad City.” 10. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also taking into consideration the decisions rendered 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) and State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that continuing further with the criminal proceedings p. 4 R/CR.MA/24456/2025 ORDER DATED: 29/01/2026 in relation to the impugned FIR against the applicants-accused would be an unnecessary harassment to the applicants- accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR as well as the criminal case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR as well as all other consequential proceedings arising pursuant thererto are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 11. In the result, the application is allowed. The First Information Report being C.R.No.11191035250793 of 2025 registered with the Naroda Police Station, Ahmedabad city, for the offences punishable under Sections 115(2), 296(b) and 54 of the Bharatiya Nyaya Sanhita, 2023 and under section 3(1) (r), 3(1)(s) and 3(2)(va) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, as well as all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside qua the present applicants only. 12. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) DIPTI PATEL p. 5