ORAL ORDER

1. The present application is filed for quashing the FIR No.11202046230183 of 2023 registered with Panch “B” Division Police Station at Jamnagar, District Jamnagar for the offences punishable under Sections 4(3) and 5(c) of Gujarat Land Grabbing Act and 114 of the Indian Penal Code.

2. Learned advocate Mr. B. K. Vizoda is permitted to file his Vakalatnama on behalf of the complainant. The presence of the complainant is noted through virtual mode.

3. At the outset, learned advocate Mr. Vizoda appearing for the complainant submits that the dispute has been amicably resolved between the parties and possession of the land has been handed over to the complainant. In support of his submission, learned advocate Mr. Vizoda has filed an afÏdavit of the complainant.

4. This Court has referred to the afÏdavit of the complainant, which is reproduced hereinbelow:

“1. I say and submit that I am the Original complainant of FIR being 11202046230183 registered with Panch "B" Division Police Station, at Jamnagar, District Jamnagar and under section 4(3) and 5(c) of Gujarat Land Grabbing Act- 2020 and 114 of Indian Penal Code GUJARAT LAND GRABBING PROHIBITION SPECIAL CASES(GLGP) No. 1 of 2023 Pending before 3rd Additional District and Session Judge Jamnagar FIR and Charge Sheet I say and submit that the present petition is filed by the Petitioner original accused persons under Section 528 of the Bharatiya Nagarik Suraksah Sanhita -2023 for quashing of the aforesaid complaint.

2. I say that the dispute between myself and the accused persons was purely civil in nature relating to possession and use of land bearing New Survey No.306(Old Survey No.236), situated at Village Masitiya, Taluka Jamangar, District Jamnagar and I state that was in possession of the said land, and the complaint came to be filed due to misunderstanding and dispute regarding possession and alleged encroachment.

3. I say that the possession of the land has now been peacefully settled, and I confirm that I have received back peaceful and vacant possession of the land and The possession has been mutually agreed upon and demarcated, and I have no surviving grievance.

4. I say and submit that after the filing of the aforesaid complaint, Petitioners and the respondent being belong to the same community, due to the intervention of the common friends, relatives and neighbors now the issue is resolved between the parties outside the Court and now no ill-will or hatred prevails among the parties. It is respectfully stated that both, original complainant respondent No: 2 and the Petitioners herein, have willingly decided not to proceed further in the FIR filed by them respectively and in view of the settlement between the parties, the present FIR and the consequential proceedings would be an exercise in futility and Therefore in view of the settlement between the parties, the present FIR and the consequential proceedings would be an exercise in futility and therefore I am not inclined to pursue the aforesaid complaint against the Petitioner any further.

5. I say that considering the totality of the facts and circumstances of the case I have no objection if the Honorable Court quashes and sets-aside the FIR registered being 11202046230183 registered with Panch "B" Division Police Station, at Jamnagar, District Jamnagar and under section 4(3) and 5(c) of Gujarat Land Grabbing Act-2020 and 114 of Indian Penal Code GUJARAT LAND GRABBING PROHIBITION SPECIAL CASES(GLGP) No. 1 of 2023 Pending before 3rd Additional District and Session Judge -Jamnagar FIR and Charge Sheet, in the interest of justice.

5. Considering the allegations made in the FIR and afÏdavit filed by the complainant as well as the decisions rendered by the Hon'ble Supreme 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.’,