IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Vimal K. Vyas, J
Rabari Pravinbhai Nagajibhai – Appellant
Versus
State of Gujarat – Respondent
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 24072 of 2025
| Table of Content |
|---|
| 1. establishing the factual background of the dispute and the validity of the complainant's settlement affidavit. (Para 1 , 2 , 3 , 4 , 7 , 8) |
| 2. parties' request for quashing and the court's prima facie finding on the abuse of legal process. (Para 5 , 6) |
| 3. quashing criminal proceedings based on amicable settlement to secure the ends of justice. (Para 9 , 10 , 11) |
ORAL ORDER
1. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants- original accused seek to invoke the inherent powers of this Court, praying to quash and set aside the First Information Report being C.R.No.11201002240005 of 2024 registered with the CID Crime Ahmedabad Zone Police Station, Ahmedabad city, for the offences punishable under Sections 465, 467, 468, 471, 474, 114, 120(B), 201 of the Indian Penal Code; the charge sheet as well as the proceedings of the Criminal Case No.99712 of 2025 pending before the learned Chief Judicial Magistrate, Ahmedabad city, so also all other consequential proceedings arising pursuant thereto.
2. Today, when the matter is called out, the original complainant is virtually present before this Court and her advocate has produced her identity proof as well as the affidavit, which are ordered to be taken on record. In the affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute between her and the applicants- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, she does not want to proceed further with the criminal proceedings pursuant to the impugned FIR and the Criminal Case against the present applicants.
3. 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.
4. RULE returnable forthwith. Learned APP Ms.Krina Calla waives service of notice of rule for and on behalf of the respondent No.1 – State and learned advocate Mr.V.K.Rana waives service of notice of rule for and on behalf of the respondent no.2 – complainant.
5. 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, the charge-sheet as well as the proceedings of the criminal case may be quashed and set aside.
6. The original complainant, who is virtually present has categorically stated before this Court that she has no objection if the application is allowed and the impugned FIR; the charge-sheet as well as the proceedings of the Criminal Case are quashed and set-aside. 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.
7. The relevant paragraphs of the affidavit of the original complainant dated 11.11.2025, read thus :
“1. I am the respondent no.2-orig. complainant in the memo of petition and I am fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit.
2. I say that I have gone through the memo of petition and the facts and grounds stated in the memo of petition are not disputed by me. At the outset I say and submit that the disputes and grievances of both the sides have been amicably settled and I do not wish to prosecute the petitioners any further with respect to the F.I.R. being C.R.No. 11201002240005 of 2024 filed before the CID Crime Ahmedabad Zone Police Station, Dist.: Ahmedabad for the offences punishable under sections 465, 467, 468, 471, 474, 114,120(b), 201 of the IPC as well as quashing of charge sheet and Criminal Case no. 99712 of 2025 pending before Ld. Chief Judicial Magistrate, Ahmedabad C
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