JAYRAJSINH JUVANSINH CHAUHAN v. STATE OF GUJARAT & Anr.

Mr. Shad Khan, learned advocate submits that he has instructions to appear on behalf of the respondent No.2 and he further submits that the matter is amicably settled between the parties. There is not any serious injury involved. In this regard he has produced on record an affidavit.

The affidavit is taken on record. He is permitted to file his appearance.

Considering the facts and circumstances of the case and since it is jointly stated at the Bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith.

Rule. Learned advocates waive service of Rule for the respective respondents. R/SCR.A/11637/2025 ORDER DATED: 22/08/2025

By way of this application under Section 528 of the Bhartiya Nayay Suraksha Sanhita, 2023/482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), the applicants have prayed to quash and set aside the FIR registered at Sarkhej Police Station, Ahmedabad City being C.R. No.11191048250692 of 2025 as well as all the consequential proceedings arising therefrom.

Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit, which is taken / placed on record. In the Affidavit, the original complainant has categorically stated that the dispute with the applicant/s has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them.

Having heard learned advocates on both the sides and considering the facts and circumstances of the case, it appears that there is a money dispute and the same is private in nature. However, now the matter is amicably settled between the parties and in this regard, the complainant has filed an affidavit stating that he has no objection if the complaint is quashed. Therefore, no fruitful purpose would be served to proceed with the matter.

In view of the above, as the principle laid down by the Apex Court in the cases of (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil R/SCR.A/11637/2025 ORDER DATED: 22/08/2025 Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), in the opinion of this Court, the further continuation of criminal proceedings against the applicant/s in relation to the impugned FIR would cause unnecessary harassment to the applicant/s. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 528 of the Bhartiya Nayay Suraksha Sanhita, 2023/482 of the Cr.P.C..

In the result, the application is allowed. The impugned FIR registered at Sarkhej Police Station, Ahmedabad City being C.R. No.11191048250692 of 2025 as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant. Rule is made absolute. Direct service is permitted. Kaushal Rathod (HASMUKH D. SUTHAR,J) Original copy of this order has been signed by the Hon'ble Judge.