The court may quash FIRs under Section 482 of the Code of Criminal Procedure if the dispute is private in nature and the parties have reached a settlement, as continuing such proceedings would be an abuse of the process of law.

ORAL ORDER

1. Learned advocate Mr.Jimit Shah, appearing for the complainant, is permitted to file his vakalatnama. Registry is directed to accept the same.

2. The present applications are filed for quashment of the FIRs being CR No.11198047210090/2021 and 11198047210091/2021 both registered at Shihor Police Station, Bhavnagar.

3. Learned advocate Mr.Bhanukumar Agrawal submits that the present disputes are pertaining to Gujarat Land Grabbing Act and now the applicant has vacated the premises in that background their consent of complainant is given for quashment of the FIR.

4. Learned advocate Mr.Jimit Shah, appearing for the complainant, has supported the contention of the learned advocate for the applicant and submitted that the complainant has also filed an affidavit reiterating the above aspect.

5. This Court has noted the presence of the complainant and referred the affidavits filed by the complainant which is ordered to be taken on record.

6. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered by the Apex Court in the cases of ‘Gian Singh Vs. State of Punjab & Anr.’, reported in (2012) 10 SCC 303, ‘ Madan Mohan Abbot Vs. State of Punjab ’, reported in (2008) 4 SCC 582, ‘Nikhil Merchant Vs. Central Bureau of Investigation & Anr.’, reported in 2009 (1) GLH 31, ‘Manoj Sharma Vs. State & Ors.’, reported in 2009 (1) GLH 190 and ‘Narinder Singh & Ors. Vs. State of Punjab & Anr.’, reported in 2014 (2) Crime 67 (SC), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. I have also considered the latest decision of the Apex Court in the case of ‘ Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat ’, Criminal Appeal No.1723 of 2017, dated 4.10.2017 and the guidelines issued by the Apex Court in the said decision, particularly Paragraph-15, thereof. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.

7. In view of the above, the impugned FIR being CR No.11198047210090/2021 and 11198047210091/2021 both registered at Shihor Police Station, Bhavnagar are quashed. Accordingly, all the consequential proceedings are hereby quashed and set aside.