IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.

16044 of 2025 ==========================================================

YASHRAJSINH VIJAYSINH VAGHELA & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR DINESHKUMAR J PRAJAPATI(9979) for the Applicant(s) No. 1,2,3 MR.MEET THAKKAR, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 03/12/2025

ORAL ORDER

1.

Leave to amend.

2.

Present application is preferred by the Petitioners under Section 482 of the Code of Criminal Procedure, seeking quashing of FIR No.11195005250435 of 2025 registered with Hadad Police Station, Banaskantha for the offences punishable under Sections 115(2), 296(b), 351(3) and 54 of the Bharatiya Nagarik Suraksha Sanhita and Sections 3(1)(r) and 3(1)(s) of the Atrocity Act.

3.

Heard learned Advocate for the petitioners and learned APP for the Respondent – State.

4.

Rule. Learned APP waives service of notice for and on behalf of the respondent – State.

5.

Learned Advocate for the Petitioners has submitted that the matter has been amicably settled between the parties and they are now not willing to proceed with the complaint any further.

6.

Leaned Advocate Ms. Jayshree C. Bhatt appearing on behalf of Respondent No. 2 (Original Complainant), who is present before this Court, has placed on record duly sworn in Affidavit dated 03.12.2025. The same is ordered to be taken on record. Learned Advocate has submitted that matter has been amicably settled between the parties and there is no objection if present application is allowed. The affidavit reads thus:

“I, Piyushbhai Lebabhai Kodarvi Age: 40 years, Occ: Agriculture residing at Village: Jodhasar, Ta. Hadad, Dist.

Banaskantha Do hereby solemnly state on oath as under;

1. I am the original complainant who has *preferred the impugned FIR Being no.FIR being no.1/11195005250435/2025 registered at Hadad police station Banaskantha District Dated 25/11/2025 for the offences punishable under the Provision of Sections 115(2),296(b),351(3),54 of BNSS Act 2023 as well as Sections 3(1)(r),3(1)(s) of Atrocity Act 1989. against the present applicants no. 1 to 3

2. By way of preferring the captioned petition the petitioners seeking quashing and setting aside the FIR being no..1/11195005250435/2025 registered at Hadad police station Banaskantha District Dated 25/11/2025 for the offences punishable under the Provision of Sections 115(2),296(b),351(3),54 of BNSS Act 2023 as well as Sections 3(1)(r),3(1)(s) of Atrocity Act 1989.1 Act against the present applicants no. 1 to

3. I say and further submitted that the present petitioners No.1 to 3 are arraigned as an accused in connection with the captioned FIR. Applicant no.1 using Abusing word against Cast of Complainant and Kicked in the left side of the stomach and hard slap on the face and petitioner no.2 and 3 using Abusing word against Cast of Complainant and that effect FIR come to registered against the Applicant no.1 to 3.

4. It is submitted that after the filling of FIR both the parties are arrived at settlement and as a part of both parties have entered into an agreement to that effect. The parties are arrived at the settlement upon their own decision there is no force or coercion on either side. The settlement is arrived into between the parties and Complainant do not want to proceed with the case and they have settle the matter amicably with the help of some elderly people of family and society Annex here And Marked Annexure- P-1 the copy of I.D. Proofs of Complainant.

5. I say and submit that behind the settlement I have not being threatened by any one. This settlement is purely based upon my own decision in the larger interest of the society and therefore if the FIR is quashed and set aside, I do not have any objection and I will not raise any objection in the future.”

7. Considering averments made in th