The High Court may exercise its inherent powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash an FIR and subsequent criminal proceedings if the parties have amicably settled their dispute, as continuing the trial would be a futile exercise and an abuse of the process of law.

ORAL ORDER

1. Learned advocate Mr. Abhishek Khuman 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 as and when the same is filed.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11189003231262 of 2023 registered with the ‘A’ Division Morbi City Police Station, Morbi, for the offences punishable under Sections 384, 323, 504, 506(2), 114 of the Indian Penal Code and under Section 40, 42 of the Gujarat Money Lenders Act; as well as the charge-sheet and the proceedings of the Criminal Case No. 407 of 2024, so also all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof as well as submitted his affidavit. The same are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute with the present applicants has been amicably resolved 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 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.

5. RULE returnable forthwith. Learned APP Mr. Tirthraj Pandya waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Abhishek Khuman waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. 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.

7. The complainant, who is personally present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the 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.

8. The relevant paragraphs of the affidavit filed by the complainant – Yashbhai Bhimjibhai Rangpariya, read thus :

“3. I say and submit that at present dispute between applicants and myself came to be amicably resolved, now no ill will grievances exists amongst us, under these set of circumstances, if the Hon'ble Court pleased to quash the F.I.R qua the applicant, I've no objection.

4. I've borrowed Rs. 5 lac from applicants no. 1 and I have repaid him Rs. 3 lac only as he has waived off Rs. 2 lac and further even no interest has been charged from me and furthermore even he has also returned me two cheques, which I had given him for security purpose and that is how matter has been amicably resolved between us.

5. I say and submit that I have borrowed Rs. 8 lac from applicants no. 2 and I have repaid him Rs. 5 lac only as he has waived off Rs. 3 lac and further even no interest has been charged from me and furthermore even he has also returned me two cheques, which I had given him for security purpose and that is how matter has been amicably resolved between us and account is also settled.

6. I further say that in view of this amicable settlement, if Hon'ble Court please quash the F.I.R as well as Criminal Case No. 407 of 2024 pending before the Taluka Cou