Criminal proceedings may be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, when the dispute between the parties is amicably resolved, as continuing the trial would be a futile exercise and an abuse of the process of law.

ORAL ORDER

1. Learned advocate Mr. Ishan Rajdev appears and submits that he has instructions to appear on behalf of the respondent No. 2. Registry shall accept his vakalatnama.

2. By way of filing this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused has prayed to quash and set aside the FIR being C.R. No.11217002250563 of 2025 registered with the Sankheshwar Police Station, District- Patan, for the offences punishable under Sections 406, 420, 467, 468, 167 and 114 of the Indian Penal Code, as well as all other consequential proceedings arising pursuant thereto qua the present applicant.

3. Today, when the matter is called out, the complainant is personally present before this Court. She has produced her identity proof as well as the afÏdavit, which are ordered to be taken on record. In the said afÏdavit, the complainant has categorically stated that the dispute has been amicably resolved with the applicant 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 between the parties has been amicably resolved, with the consent of learned advocates for the respective parties, the present application is taken up for final disposal.

5. Rule returnable forthwith. Learned APP Ms. Krina Calla waives service of notice of rule for and on behalf of the respondent No.1 State. Learned advocate Mr. Ishan Rajdev waives service of notice of rule for and on behalf of the respondent No.2- complainant.

6. The complainant, who is personally present in the Court, has categorically stated that the dispute has been amicably resolved with the applicant and she has no objection if the FIR is quashed. Thus, sending the applicant-accused to face the trial would be a futile exercise.

7. The relevant paragraphs of the afÏdavit filed by the complainant read thus:

“1. I state that the entire dispute between the parties is settled. I state on oath that there remains no grievance between the deponent and the applicant. I state that the present deponent has been compensated with an amount of Rs. 3 lakhs by way of a demand draft by the applicant herein, original accused no.2, which was due and payable to the deponent herein and therefore, there remains no further grievance against the applicant. I have no objection if the captioned application is allowed and the impugned FIR bearing Crime Register No. 11217002250563 of 2025 dated 29.12.2025 registered with Sankheshwar Police Station, District Patan, for offences punishable 406, 420, 467, 468, 167, and 114 of the IPC as well as the consequential proceedings culminating out of the said FIR are quashed and set aside by this Hon'ble Court with consent of the present deponent.

2. I state that, as the entire dispute between the parties is now settled, and the present deponent has been compensated with the amount due and payable to her by the applicant, it has been agreed between the parties that the present deponent, will withdraw the Criminal Case no. 1306 of 2023 filed by the deponent herein under the provisions of section 138 of the Negotiable instruments act, 1881, pending before the Ld. Chief Judicial Magistrate, Patan. The present deponent also agrees to cooperate in disposing off the Regular Civil Suit No. 10 of 2023 pending before the Ld. Principal Civil Judge, Sankheshwar by way of a consent decree.

3. I state that present AfÏdavit is filed at free will and consent and without any pressure or coercion from the applicant or any other persons and since now the dispute has already been settled and resolved b