Criminal proceedings may be quashed under the inherent powers of the Court when 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. 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.11208056200022 of 2020 registered with the Thorala Police Station, Rajkot city, for the offences punishable under Sections 323, 324, 504, 337, 427, 143, 147, 148, 149 of the Indian Penal Code and Section 135(1) of the Gujarat Police Act; the charge sheet as well as the proceedings of the Criminal Case No.15472 of 2020 pending before the learned Additional Chief Judicial Magistrate Court, Rajkot, so also all other consequential proceedings arising pursuant thereto.

2. Today, when the matter is called out, the original complainant and the injured persons, who are personally present before this Court, have produced their identity proofs as well as the affidavits, which are ordered to be taken on record. In the affidavits, the complainant and injured persons have categorically stated that with the intervention of the friends, family members and community people, the dispute between them and the applicants- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, they do 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 Mr.Tirthraj Pandya waives service of notice of rule for and on behalf of the respondent No.1 – State and learned advocate Mr.Raj Batada 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 and the injured persons, who are present in the Court, have categorically stated before this Court that they have 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, read thus :

“1. I have gone through memo of this application filed by the applicants and I have also perused relevant papers pertaining thereto. I am conversant with the facts of the present case and hence I am filing this affidavit.

2. I state that I am the first informant of the FIR being C.R. No: 11208056200022 of 2020 registered at the Thorala Police Station, District: Rajkot City on 14.01.2020 for the offences punishable u/s. 323, 324, 504, 337, 427, 143, 147, 148, 149 of the Indian Penal Code and section 135 (I) of the Gujarat Police Act.

3. I state that due to persuasion of the trusted persons in the family, friends and society, I have amicably settled the matter qua the present applicants i.e., Accused Nos. 2, 3, 5 and 9 to 17 of the impugned FIR. I state that now since the dispute b