Criminal proceedings may be quashed under Section 528 of the BNSS when the complainant voluntarily withdraws allegations, stating they were made due to misunderstanding, to prevent the abuse of the process of law and unnecessary harassment of the accused.

ORAL ORDER

1. Learned advocate Mr.Om Shah, appearing for the respondent no.2, is permitted to file vakalatnama. Registry shall accept the same.

2. Rule returnable forthwith. Learned APP Mr.Manan Maheta waives service of Rule on behalf of respondent no.1 and learned advocate Mr.Om Shah waives service of Rule on behalf of respondent no.2.

3. This application is filed for quashment of FIR being No.7/2012 registered with Police Station at Morbi.

4. On 29.04.2026 the complainant was present before this Court however, there was some discrepancy in the name of the complainant in Adhaar card therefore it was sent for verification. Learned APP Mr.Manan Maheta submits that Adhaar card appears to be genuine.

5. This Court has referred the allegations made in the FIR and the affidavit of the complainant which is reproduced hereinbelow:

I, Mrs. Kashiben Sonaji, age 75 years daughter of Maganbhai Koli, Residing at Housing board, block no. 121 Morbi-2. District Morbi, Respondent- 2 herein do hereby solemnly affirm and state on oath that

1. 1 had filed the FIR no. 07/2012 before police station Morbi against the applicants because of misunderstanding and confusion.

2. The applicant no.1, who is an advocate by profession was helping me with a case being Civil Suit 313/2008 instituted by Kishorebhai Patel against me and my siblings. The applicants were very kind to me and were helping me without charging any fee. At my request they had agreed to buy my land if the land was returned to me after cancellation of sale deeds by the Court. The applicants had given me Rs. 4.5 lacs as advance and in return I had signed an agreement to sale (Banakhat), receipt given against payment of the amount, and such other documents.

3. None of the land mentioned in the agreement to sale or document was in my name as the said parcels of land were already sold long ago. The documents were hypothetical: if the Court ruled in my favor and the earlier sale deeds were cancelled then I was to transfer the land to the applicants.

4. Kishorebhai Patel wanted to settle the dispute with me and was ready to pay a huge amount for the same. Whereas the applicant was of the view that I had a good case on merits, and the sale deed made in favor of Kishorebhai by Purshotambhai acting as power of attorney would be cancelled as Pushotambhai was not able to prove that he was acting as my power of attorney. However, I was lured by the money offered by Kishorebhai to settle the dispute. Due to illiteracy and ignorance, I was deceived into believing that the applicant was not allowing me to settle the dispute and therefore due to duress, persuasion by relatives, I filed a false complaint against the applicants that my signature in the aforesaid notarized documents, for transfer of my lands if the sale deed were cancelled by Court, were forged.

5. I do not wish to prosecute the applicants. The applicants are always willing to help me, even today. My relationship with the applicants is cordial. Therefore, I request Hon'ble Court to quash the FIR No. 07/2012 dated 05/12/2012 and criminal case no. 2559/2013 pending in the Court of the learned Chief Judicial Magistrate, Morbi.

6. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also taking into consideration the decisions rendered 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. S