KISHAN RAVJIBHAI CHUDASAMA & Ors. v. STATE OF GUJARAT & Anr.

Learned advocate Ms.Chetna Joshi appears and states that she has instructions to appear on behalf of the respondent No. 2. She is permitted to (cid:29)le her appearance. Registry shall accept her vakalatnama.

By way of (cid:29)ling this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ” the BNSS”), the applicants-accused have prayed to quash and set aside the FIR No.11193018250051 of 2025 registered with the Dhari Police Station, Amreli, for the o4ences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and under Section 66(d) of the Information Technology Act, as well as the charge-sheet dated

02.08.2025 and the proceedings of the Criminal Case No.536 of 2025, so also all other consequential proceedings arising out of the aforesaid FIR and charge-sheet qua the applicants herein. R/CR.MA/24524/2025 ORDER DATED: 10/12/2025

Today, when the matter is called out, the complainant- Mr. Parthkumar Vishnubhai Solanki is personally present before this Court and has produced his identity card and the a9davit dated 10.12.2025, which are ordered to be taken on record. In the a9davit, the complainant has categorically stated that the dispute between the parties has been 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 between the parties has now been amicably resolved, with the consent of learned advocates for the respective parties, the present application is taken up for (cid:29)nal disposal.

Rule returnable forthwith. Learned APP Mr.Manan Maheta waives service of notice of the rule for and on behalf of the respondent No.1 State. Learned advocate Ms.Chetna Joshi 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 and the charge-sheet are quashed. Thus, sending the applicants- accused to face the trial would be a futile exercise. The relevant paragraphs of the a9davit (cid:29)led by the complainant read thus : R/CR.MA/24524/2025 ORDER DATED: 10/12/2025

(4) I further say that there remains no grievance between the deponent and the present petitioners for the alleged incident that has occurred and I no longer wish to prosecute the petitioners any further for the alleged incident and I voluntarily give my consent and without any force or coercion on me for the quashing of the said FIR / complaint. I further say that the dispute of this o"ence (5) is of private nature and therefore, public at large is not a"ected by the o"ence, therefore, I voluntarily give my consent and without any force or coercion on me for the quashing of the said FIR / complaint. (6) I further say that the I received Rs.01,05,000/- (One Lac Five Thousand Rupees Only) cash from the applicants dated on 20.11.2025 at Amreli.

7. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also 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 continuing further with the criminal proceedings R/CR.MA/24524/2025 ORDER DATED: 10/12/2025 in relation to the impugned FIR and the charge-sheet against the applicants-accused would be an 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, the charge- sheet and the Criminal Case No.536 of 2025 would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR as well as the charge-sheet dated 02.08.2025 and the proceedings of the Criminal Case No.536 of 2025 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 FIR No.11193018250051 of 2025 registered with the Dhari Police Station, Amreli for the o4ences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and under Section 66(d) of the Information Technology Act, as well as the charge-sheet dated 02.08.2025 and the proceedings of the Criminal Case No.536 of 2025, so also all other consequential proceedings arising out of the aforesaid FIR and the said charge-sheet, qua the applicants are hereby quashed and set aside.

Direct service is permitted. (VIMAL K. VYAS, J) Original copy of this order has been signed by the Hon'ble Judge.