Harshadbhai Rasikhbhai Patel & Ors vs State Of Gujarat & Anr

Vimal K. Vyas, J

Learned advocate Ms. Helly Panchal appears and submits that she has instructions to appear on behalf of the respondent no.2 - complainant. She is permitted to file her appearance. Registry shall accept her 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.11216001220484 of 2022 registered with the Adalaj Police Station, Gandhinagar for the offences punishable under Sections 323, 324,427, 504,506(2), 114 of the Indian Penal Code and Section 135 of the G.P 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. In the said affidavit, the complainant has categorically stated that he has resolved the dispute with the applicants and he has filed this affidavit with full consciousness and without any force, coercion, or compulsion from any person or from the applicants.

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 Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Ms. Helly Panchal waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

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 present in the Court, has categorically stated before this Court that he has no objection, if the application is allowed and the FIR is quashed. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR would be a futile exercise and the same would amount to abuse of process of law.

The relevant paragraph of the affidavit reads thus :

“ I therefore, subject to the settlement arrived at with the petitioners and subject to the strict compliance by the petitioners of the term and conditions of settlement agreed between the parties and since the offence alleged against the petitioners are personal in nature no affecting any interest of the state government do here by accord my consent to this Hon'ble Court the criminal complaint being I-C.R. No. to quash 11216001220484 of 2022 registered with Adalaj Police Station, District: Gandhinagar u/s. 143, 147, 148, 149, 323, 324, 427, 504, 506(2), 114 of Indian Penal Code read with Section 135 of GP Act, and Criminal Case No. 1968 of 2023 pending before Hon'ble Addl. Civil Judge and Addl. Chief Judicial Magistrate, Gandhinagar against the petitioner, which would serve the purpose of justice.”

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 continuing further with the proceedings pursuant to the impugned FIR would be a futile exercise and the same 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 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

In the result, the application is allowed. The proceedings of the First Information Report No.11216001220484 of 2022 registered with the Adalaj Police Station, Gandhinagar as well as all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside qua the applicants.

Rule made absolute. Direct service is permitted.