Asifkhan Yusufkhan Pathan & Anr vs State Of Gujarat & Anr

Vimal K. Vyas, J

Learned advocate Mr. Vijay N Raval appears and submits that he has instructions to appear on behalf of the respondent no.2 - complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.

By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No.11204026250381 of 2025 registered with the Kapadwanj (Town) Police Station, District - Kheda, for the offences punishable under Sections 109, 352, 54, 351(3) and 115(2) of the Bharatiya Nyaya Sanhita, 2023, and under Section 135 of the Gujarat Police Act, as well as all other consequential proceedings arising pursuant thereto.

Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof, which is ordered to be taken on record. He has also filed an affidavit, at Annexure C. In the said affidavit, the complainant has categorically stated that the dispute between him and the applicants-accused has been amicably resolved and there is no ill-will or any grievance amongst them.

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.

RULE. Returnable forthwith. Learned APP Ms. Krina Calla waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Vijay N Raval waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

Learned advocate Mr. Ashok Parmar for the applicants-accused has submitted that the complainant was seriously beaten by the applicants-accused and caused serious injuries to him. Learned advocate has further submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR may be quashed and set-aside.

The complainant, who is personally present before this Court, has categorically stated that he has no objection, if the application is allowed and the FIR is 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.

The relevant paragraph of the affidavit reads thus :

“ 8. I declare that I consent to allowing the Application register as Criminal Misc. Application filed by applicants to quash and complaint filed by me. By virtue of settlement between us no grievance against any of the applicants.”

Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another, 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 & Another, reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others, reported in (2009) 1 GLH 190, and Narinder Singh & Others vs. State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604 , it appears that further continuing with the criminal proceedings in relation to the impugned FIR against the applicants-accused would be nothing but unnecessary harassment to the applicants-accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and all other consequential proceedings arising pursuant thereto are required to be quashed and set-aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

In the result, the application is allowed. The proceedings of the First Information Report No.11204026250381 of 2025 registered with the Kapadwanj (Town) Police Station, District - Kheda, for the offences punishable under Sections 109, 352, 54, 351(3) and 115(2) of the Bharatiya Nyaya Sanhita, 2023, and under Section 135 of the Gujarat Police Act, are hereby ordered to be quashed and set-aside.

Rule made absolute. Direct service is permitted.