Dharamshi Bachubhai Bhanushali & Or vs State Of Gujarat & Anr

Vimal K. Vyas, J

Learned advocate Mr. Devansh Kakkad appears and states that he has instructions to appear on behalf of the respondent No. 2. Registry shall accept his vakalatnama.

By way of filing this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ”the BNSS”), the applicants-acused have prayed to quash and set aside the FIR being CR No.11205017250051 of 2025 registered with the Jakhau Police Station, District – Kachchh West Bhuj, for the offences punishable under Sections 120-B, 465, 467, 468 and 471 of the Indian Penal Code, 1860, as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicants herein.

Today, when the matter is called out, the complainant is present before this Court. He has produced the I.D proof which is ordered to be taken on record. The affidavit of the complainant is at Annexure B. In the affidavit, the complainant has categorically stated that the dispute between the parties is now resolved and there is no ill-will or any grievance amongst the parties.

Considering the issue involved in the present application as well as considering the fact that the dispute between the parties has been amicably resolved with the consent of learned advocates 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 the rule for and on behalf of the respondent No.1 State. Learned advocate Mr. Devansh Kakkad waives service of notice of rule on behalf of the respondent No.2 Complainant.

The plain reading of the FIR suggests that the transaction in question is a commercial transaction and the dispute is purely of a civil nature.

The complainant, who is present in the Court has stated before this Court that he has no objection, if the FIR is quashed. Thus, sending the applicants-accused to face the trial is a futile exercise. The relevant para of the affidavit reads thus :

“2. I state and submit that during pending of the investigation, I and Petitioners herein being the original accused persons have arrived at an amicable settlement and the original accused persons have on my instructions reversed the sale deed dated 30.04.2015 no. 546/2015 and have executed sale deed qua the property in question in favour Sarvaiya Babubha of Khengarji, Residing at Vingaber, Jashapur, Taluka: Abdasa, District: and therefore, no dispute subsists between the parties. I, therefore, have no objection if the FIR and proceedings arising out of it and all the proceedings incidental thereto against the Petitioners is quashed and set aside.”

Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application as well as 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. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. 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 criminal proceedings in relation to the impugned FIR against the applicants-accused would be an unnecessary harassment to the applicants-accused. It appears that the trial would be futile 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 other consequential proceedings are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the BNSS, 2023.

In the result, the application is allowed. The proceedings of the FIR being C.R No.11205017250051 of 2025 registered with the Jakhau Police Station, District – Kachchh West Bhuj, for the offences punishable under Sections 120-B, 465, 467, 468 and 471 of the Indian Penal Code, 1860, as well as all other consequential proceedings arising out of the aforesaid FIR qua the applicants are hereby quashed and set aside. Direct service is permitted.