SCR.A/16553/2023 of MAHESH @ BALO KARSHANBHAI BOLIYA Vs STATE OF GUJARAT on 22 December 2023

ORAL ORDER

1. Learned advocate Ms. Reshma Rauma states that she hasinstructions to appear on behalf of the original complainant andthereby, seeks permission to file her Vakalatnama, which is granted.

2. RULE. Learned advocates waive service of note of rule onbehalf of the respective respondents.

3. Considering the facts and circumstances of the case and sinceit is jointly stated at the bar by learned advocates on both the sidesthat the dispute between the parties has been resolved amicably,this matter is taken up for final disposal forthwith.

4. By way of this application under Section 482 of the Code ofCriminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”), theapplicants have prayed to quash and set aside the complaint being FIR No.11210022232071 of 2023 registered with KapodraPolice Station, Surat, for the offences under Sections 294(KH),506(2), 504 and 114 of Indian Penal Code, 1860 and all theconsequential proceedings arising therefrom.

5. Learned advocates for the respective parties submitted thatduring the pendency of proceedings, the parties have settled thedispute amicably and pursuant to such mutual settlement, theoriginal complainant has also filed an Affidavit, which is taken /placed on record. In the Affidavit, the original complainant hascategorically stated that the dispute with the applicant/s has beenresolved amicably and that he has no objection, if the presentproceedings are quashed and set aside since there is no survivinggrievance between them.

6. Having heard learned advocates on both the sides andconsidering the facts and circumstances of the case as also theprinciple laid down by the Apex Court in the cases of (i) Gian SinghVs. State of Punjab & Anr., reported in (2012) 10 SCC 303, (ii)Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4SCC 582, (iii) Nikhil Merchant Vs. Central Bureau ofInvestigation & Anr., reported in 2009 (1) GLH 31,(iv)ManojSharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v)Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in2014 (2) Crime 67 (SC), in the opinion of this Court, the furthercontinuation of criminal proceedings against the applicant/s inrelation to the impugned FIR would cause unnecessary harassmentto the applicant/s. Further, the continuance of trial pursuant to themutual settlement arrived at between the parties would be a futileexercise. Hence, to secure the ends of justice, it would beappropriate to quash and set aside the impugned FIR and allconsequential proceedings initiated in pursuance thereof underSection 482 of the Cr.P.C..

7. In the result, the application is allowed. The impugnedcomplaint being FIR No.11210022232071 of 2023 registeredwith Kapodra Police Station, Surat as well as all consequential proceedings initiated in pursuance thereof are hereby quashed andset aside qua the applicants herein. Rule is made absolute. Directservice is permitted. If the applicants are in jail, the jail authorityconcerned is directed to release the applicants forthwith, if notrequired in connection with any other case.

SUCHIT

(HASMUKH D. SUTHAR,J)