ORAL ORDER

1) RULE. Learned Additional Public Prosecutor Mr. Aditya Jadeja and learned advocate Mr. Nikhil Mann appear and waive service of notice of rule on behalf of their respective respondents.

2) By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ”the BNSS, 2023), the applicant has prayed for quashing and setting aside F.I.R. bearing C.R.No. 11216009240245 of 2024 registered with Mansa Police Station, Gandhinagar as well as Charge sheet along with Sessions Case No. 100 of 2025.

3) Heard learned advocate Mr. M.S.Padaliya for the applicant, learned Additional Public Prosecutor Mr. Aditya Jadeja, for the respondent No. 1 – State and Mr. Nikhil Mann learned advocate for the respondent No.2 – original complainant.

4) Both the learned advocates have jointly submitted that during the pendency of present application, the matter is amicably settled amongst the parties and therefore, any further continuation of the proceedings pursuant to the impugned FIR would create hardship to the parties and further continuation of the proceedings would amount to abuse of process of law.

5) Learned Additional Public Prosecutor has opposed the application and submitted that looking to averments made in the FIR, complaint may not be quashed.

6) Learned advocate Mr. Nikhil Mann appearing for the complainant tenders the settlement affidavit, affirming, inter alia, by the respondent No. 2 – original complainant – Champabhai Kaljibhai Barjod as well as the affidavit of the mother of the victim, the same are ordered to be taken on record.

7) The affidavit of the respondent No. 2 - original complainant reads as under: -

1. I, Champabhai Kaljibhai Barjod Male, Age: 36, Occupation: Labour; presently residing at above mentioned addresses; do solemnly affirm and state on oath that;

2. I am Father of Victim of the FIR registered as C. R. No.11216009240245 of 2024 with Mansa Police Station, District: Gandhinagar, dated; 19.04.2024, inter alia alleging the offences punishable under sections 363, 366 of IPC - 1860. I say that l am the Victim in the said offence-complaint. I say that I have gone through with this memo of application and I am fully conversant with the facts and circumstances of this case and therefore I am duly competent to execute this affidavit. At the outset, I say that the facts stated in the memo of application are not disputed by me.

3. I say and submit that, Victim of the FIR and the applicant were never in contact and it was nothing but the misconception from Complainant / Father, it was just misunderstandings between them; hence no disputes and grievances left from the Complainant

4. I say and submit that, Mother of Victim is also stating on affidavit that, presently victim Vansha is residing with them and it was just misunderstanding between them; she has never eloped with the present applicant/accused; hence no disputes and grievances left from her side also.

5. It is submitted that the Victim of the present FIR namely Vansha happens is presently residing with her parents; she had never been eloped with the present applicant; it was nothing but the misunderstanding between Original Complainant.

6. I say that have settled the dispute and differences with the applicants and I do not wish to go on with the complaint lodged by me against them as the issues between us are settled outside of the court. I further say and submit that FIR in question was lodged by me out of desperation, anger and anxiety. I say that I have lodged the impugned FIR out of tenseness and nervousness.

7. I say that after lodging of impugned FIR, the respected elders of our society have intervened and I realized the nature of hardships and inconvenience, socially and mentally, it will cause to both sides. If the criminal proceedings continue and both the sides are subjected to rigors of criminal trial, it will immensely affect our future prospects of better life.

8. In