ORAL ORDER

Learned advocate Mr. Brijesh Pandya submits that he has received instructions to appear on behalf of the respondent No. 2 – original complainant as also seeks permission to file his appearance on behalf of the respondent No. 2 – original complainant.

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

2) By way of this application under Section 582 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.11191052260044 of 2026 registered with B Trafic Police Station, Ahmedabad for the offences punishable under Sections 281 and 125(1) of the Bharatiya Nyaya Sanhita, 2023 and 177 and 184 of the Motor Vehicle Act and to quash all other consequential proceedings, if any, arising out of the aforesaid FIR against the applicant.

3) Heard Mr. Jyotindrasinh Vala learned advocate for the applicant, learned Additional Public Prosecutor Mr. Aditya Jadeja, for the respondent No. 1 – State and Mr. Brijesh Pandya learned advocate for the respondent no.2 – complainant.

4) Both the learned advocates have jointly submitted that during the pendency of present petition, 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. Brijesh Pandya appearing for the complainant tenders the settlement affidavit, affirming, inter alia, by the complainant – Ashokbhai Asarfilal Judavan Kushvah, the same is ordered to be taken on record.

7) The affidavit of the Original complainant reads as under: -

I, Ashokbhai Asarfilal Judavan Kushvah, Aged: 38 years, Male, Occupation: Business, Residing at: Khat Colony Vibhaag 1, Near Akhbarnagar Kettle Circle, Nava Wadaj, Ahmedabad- 380013 file the following affidavit and state on solemn affirmation on oath as under:

1. That I am the Complainant in the impugned FIR and Respondent no. 2 herein and that I am well conversant with the facts of the case and I have gone through the entire contents of the present petition, I am competent to file the present affidavit.

2. That I, the Respondent No.2, had filed an FIR filed against the Applicant bearing No.11191052260044 dated 16/02/2026 registered with B Traffic Police Station, Ahmedabad for the oftences punishable under Sections 281 and 125(a) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 177 and 184 of the Motor Vehicles Act, 1988.

3. In the present case, the FIR was lodged in a hot haste. The full and final amicable settlement took place between the Respondent No.2 and applicant with the help of common friends and leaders of the society.

4. That therefore the deponent herein i.e. I, the Respondent No.2, do not intend to prosecute with the case any further and I intend to state that I have no objection if the impugned FIR and any other consequential proceedings arising out of the same FIR be quashed and set aside in the interest of justice.

5. That the contents of the petition have been read over and explained to me in detail and I say that the contents of the petition are absolutely true and are supported the same.

6. I, the Respondent No.2, therefore, pray that if the impugned FIR bearing No.11191052260044 dated 16/02/2026 registered with B Traffic Police Station, Ahmedabad for the offences punishable under Sections 281 and 125(a) of the Bharatiya Nyaya Sanhita (BNS), 2023 and Section 177 and 184 of the Motor Vehicles Act, 1988 against the Applicant herein to be quashed and set aside, then the complai