R/CR.MA/24868/2025 ORDER DATED: 07/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 24868 of 2025 ========================================================== MAHULBHAI SHAMBHUBHAI DAFDA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR AMIT N KATHIRIYA(11930) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 07/01/2026 ORAL ORDER 1. Learned advocate Mr. Mehul S. Padaliya appears and submits that he has instructions to appear on behalf of the respondent no.2 – original complainant. Registry shall accept his vakalatnama. 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. 11208053250982 of 2025 registered with the Rajkot Taluka Police Station, District Rajkot City, for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023, as well as all other consequential proceedings arising pursuant thereto. Page 1 of 5 R/CR.MA/24868/2025 ORDER DATED: 07/01/2026 3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof. The same is ordered to be taken on record. The complainant has also filed an affidavit, which is annexed at Annexure ‘B’ to the application. The complainant has admitted the contents of the said affidavit. He has stated that earlier he had received Rs. 50,000/- from the applicant, and thereafter, on 05.01.2026, he had received Rs. 8,85,000/- from the applicant. He has further stated that since the matter has been settled between the parties, he does not want to prosecute further in the case. In the affidavit, the complainant 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. Mehul S. Padaliya waives service of notice of rule for and on behalf of the p. 2 R/CR.MA/24868/2025 ORDER DATED: 07/01/2026 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. 7. The complainant, who is personally present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the FIR is quashed and set-aside. Thus, it appears from the aforesaid 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 – Kalpeshbhai Madhavjibhai Khunt, read thus : “2. I have gone through the application filed by the Applicant and I say that the alleged incident was occurred due to the misunderstanding on the part of accused / applicant and therefore I have filed this complaint. 3. Subsequently, the applicant / accused realised his mistakes. We are having brother like relations as we are old friends. I received entire money from the present applicant. Therefore elder family members intervened in the issue and we decided to settle the issue. Now, we are living like brothers in the same vicinity and having no grievance or grudge regarding the incident. 4. I say that I have no objection if the FIR which was registered by me at Rajkot Taluka Police Station Dist. Rajkot City vide C.R. No. 11208053250982 of 2025 for the offence u/s 318(4) of Bhartiya Nyaya Sanhita. 2023 on dated 01.10.2025 is quashed and prayer made by the applicant in the present application is p. 3 R/CR.MA/24868/2025 ORDER DATED: 07/01/2026 granted by this Hon'ble court. 5. I say that due to the remorse admitted by the accused/applicant and since we are known to each other, we have decided to compromise with the applicant. Neither I have been threatened nor been enticed by any person including the accused /applicant for compromise. ” 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 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 p. 4 R/CR.MA/24868/2025 ORDER DATED: 07/01/2026 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. 11208053250982 of 2025 registered with the Rajkot Taluka Police Station, District Rajkot City, for the offences punishable under Section 318(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, qua the present applicant only. 11. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) AMAR SINGH p. 5