Ravi Nileshkumar Parmar vs State Of Gujarat & Ors

Vimal K. Vyas, J

Learned advocate Mr. Nitesh B. Vaishnav appears and submits that he has instructions to appear on behalf of the respondent no.3 – original 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 applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11191008230532 of 2023 registered with the Chandkheda Police Station, District Ahmedabad City, for the offences punishable under Sections 498-A, 323, 294(b), 114 of the Indian Penal Code and under Sections 3, 7 of the Dowry Prohibition 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 her identity proof as well as an affidavit. The same are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute 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 Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 & 2 – State Authorities and learned advocate Mr. Nitesh B. Vaishnav waives service of notice of rule for and on behalf of the respondent no.3 – complainant.

Learned advocate for the applicant-accused has 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 in the Court, has categorically stated before this Court that she 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 applicant-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 :

“3. That since the present applicants and complainants has arrived into a settlement with intervention of the relatives and friends and other well wisher person for good relation with cast members in view of that settlement, the deponent hereby declares on oath before this Hon’ble Court that the deponent does not want to proceed further with the complaint which is filed by the deponent and if the complaint filed by the present deponent is quashed and set aside by exercising discretion by the Hon’ble High Court, then the deponent is having no objection and no prejudice is likely to be caused to the deponent herein since the present applicants and the complainant has arrived into settlement.”

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 continuation of the criminal proceedings in relation to the impugned FIR against the applicant-accused would be nothing but unnecessary harassment to the applicant-accused. It further appears that the trial would be a futile exercise and continuing further 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. 11191008230532 of 2023 registered with the Chandkheda Police Station, District Ahmedabad City, for the offences punishable under Sections 498-A, 323, 294(b), 114 of the Indian Penal Code and under Sections 3, 7 of the Dowry Prohibition Act, as well as all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside.

Rule made absolute. Direct service is permitted.