The High Court may exercise its inherent powers under Section 482 of the CrPC to quash criminal proceedings in private disputes where an amicable settlement has been reached, as continuing such proceedings would be an abuse of the process of law.

ORAL ORDER

1. The present application is filed for quashment of FIR being CR No.11993007211853 of 2021 registered at "B" Division Gandhidham Police Station, Katchch (East), Gandhidham for the offences punishable under Sections of 2(e), 3, 4(3), 5(b), 5(e) of the Gujarat Land Grabbing (Prohibition) Act, 2020.

2. Rule returnable forthwith. Learned APP waives service of Rule on behalf of the Respondent State.

3. At the outset, it is submitted by learned advocates for the respective parties that dispute has amicably been resolved between the parties, and the complainant has given the consent for quashment of the impugned FIR. Learned advocate Mr. Nilay A. Thaker for the respondent no.2/original complainant has supported the same and referred the affidavit of the complainant which is at page-100. It is submitted that in view of the settlement and the consent given by the complainant, the impugned FIR deserves to be set aside. The complainant appeared through virtual mode and he has been identified by his learned advocate.

4. It is submitted by learned APP that there are, in all, three FIRs registered against the present applicant, however, the learned advocate for the applicant has submitted that out of three, two FIRs are arising out from the same transaction, and remaining one is out of the loan which is not paid, and therefore, the offence is registered.

5. Heard the learned advocates appearing for the parties. This Court has referred the affidavit filed by the complainant which is reproduced hereinbelow:

"3. Without making any comment on the merits of the F.I.R. No.11993007211853 dated 24.11.2021 registered with B- Division Gandhidham Police Station, Kutchh (East) - Gandhidham for the offences punishable under Section 2(e), 3, 4(3), 5(b) and 5(e) of the Gujarat Land Grabbing (prohibition) Act, 2020, I state on oath that a settlement is arrived between the parties i.e. between the undersigned and the applicant because of the intervention of friends and mediators and the transaction in dispute is reversed vide registered deed no.3909 dated 18.04.2022 with office of Sub-Registrar, Gandhidham, in the favor of undersigned and in view thereof the dispute is amicably resolved and as such now the entire matter is settled between the undersigned and the present applicant, and therefore, in view of the said settlement, now as such there is no heartburning and/or any dispute whatsoever survived between the parties and the undersigned - the complainant has no objection if this Honorable Court exercises inherent powers vested in it and thereby quash the impugned F.I.R. No.11993007211853 dated 24.11.2021 against the applicant. Copy of the said deed of registration dated 18.04.2022 is annexed hereto and marked as Annexure-I.

4. I state and submit in view of what stated herein above, the undersigned do no wish to proceed against the present applicants in the present case, as no purpose would be served if the present F.I.R. and charge sheet further be tried and followed by initiation of trial and also there would be no logic in prolonging the proceedings in question."

6. Having heard the learned advocates appearing for the respective parties, considering the affidavit, nature of allegations made in the FIR, nature of dispute 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 ‘Narin