ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. Petitioners are seeking for declaring the provisions of the Gujarat Land Grabbing (Prohibition) Act, 2020, i.e. Sections 2(d), 4, 5, 9, 11, 15 and 17 of the Gujarat Land Grabbing (Prohibition) Act, 2020 along with the Gujarat land Grabbing (Prohibition) Rules, 2020 as ultra vires to the Constitution of India and has also sought for quashing of the FIR being Part A CR No.11210003220240 of 2022 registered with Adajan Police Station, Surat.

2. In the interlocutory application filed, i.e. Criminal Misc. Application No.1 of 2022, it has been prayed that on account of the matter having been settled between the parties, the proceedings may be quashed. Parties are present before the Court. They admit the execution of the settlement agreement dated 18.7.2022 under which each of the writ applicants have paid a sum of Rs.2 lakh to the complainant company as usage charges of the subject property and have also handed over the possession of the same for which the complaint has been filed.

3. The complainant before the jurisdictional police being respondent No.2 herein has been authorised by Haryana Petrochemicals Limited to represent them before the Courts and also enter into settlement. An affidavit to the said effect is also filed by the complainant who has admitted the contents of the settlement and has also acknowledged the receipt of the money as indicated in the settlement agreement and states that there are no other amounts due and payable by the accused to the complainant. His submission is placed on record.

4. Both parties have admitted before the Court the contents of the settlement and they have stated that out of their own free-will and volition, without any force, threat or coercion, they have affixed their signatures to the settlement agreement. They also admit the contents of the settlement agreements dated 18.7.2022 appended to Criminal Misc. Application No.1 of 2022 and Annexures A & B respectively. Learned advocates in token of having identified the parties present before the Court have affixed their signatures to the record and proceedings. Copies of Aadhaar card of the parties are also produced which are signed by the parties and counter-signed by the respective learned advocates in proof of their identity. Same is taken on record.

5. Learned advocate appearing for the petitioners submits that he would not press prayer 16(B). His submission is placed on record. Hence, petition insofar as prayer (B) is concerned, it stands dismissed.

6. In view of settlement arrived at between parties, Special Criminal Application is allowed in part and the criminal complaint being Part A CR No.11210003220240 of 2022 registered with Adajan Police Station, Surat stands quashed and all further proceedings thereto qua applicants / writ applicants only. Accordingly, Special Criminal Application No.3403 of 2022 and Criminal Misc. Application No.1 of 2022 stand allowed.

(ARAVIND KUMAR,CJ)

(ASHUTOSH J. SHASTRI, J)

Bharat