ORAL ORDER

1. Leave to amend is granted. The amendment to be carried out forthwith.

2. Learned advocate Mr.Hardik Raval appears and submits that he has instructions to appear on behalf of the respondent No.2 – original complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.

3. 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.I- 11209017240667 of 2024 registered with the Himatnagar Rural Police Station, Sabarkantha, for the offences punishable under Sections 310(2), 189(2), 191(2), 191(3), 190, 115(2), 351(2), 324(4), 333, 125(a) of the Bharatiya Nyaya Sanhita, 2023 and under Section 135 of the Gujarat Police Act; the charge sheet as well as the proceedings of the Sessions Case No.04 of 2025 pending before the learned Sessions Court, Sabarkantha at Himatnagar, so also all other consequential proceedings arising pursuant thereto.

4. Today, when the matter is called out, the original complainant, who is personally present before this Court, has produced her identity proof, which is ordered to be taken on record. She has filed an affidavit, which is annexed as Annexure “D” to the application. In the affidavit, the complainant has categorically stated that with the intervention of the friends 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 Sessions Case against the present applicants.

5. 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.

6. 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.Hardik Raval waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

7. 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 sessions case may be quashed and set-aside.

8. The original complainant, who is present in the Court, 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 sessions 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.

9. The relevant paragraphs of the affidavit of the original complainant, read thus :

“1. I say and submit that I am the injured in the FIR came to be registered vide I-CR No. No. 11209017240667 of 2024 registered with Himatnagar Rural Police Station, Sabarkantha, for the offences punishable u/s. 310(2), 189(2), 191(2), 191(3), 190, 115(2), 351(2), 324(4), 125(a), 332(b) and 333 of the BNS and u/s. 135 of GP Act, Dt.01/08/2024, therefore I am aware about the facts of the case and filing this affidavit in support of the application.

2. At the outset I say and submit that I am filing this Affidavit in support of the application. I say and submit that after registration of the aforesaid FIR and during the pendency of the trial, I have settled the dispute with the applicants with the intervention of the leaders and frontrunners of our locality and therefore I have decided not to proceed with the present case.

3. I further