Oral Order

1. Learned advocate Mr. Amit Soliya appears and submits that he has instructions to appear on behalf of the respondent No. 2- original complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.

2. By way of filing this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant- accused has prayed to quash and set aside the FIR being CR. No.11213068250010 of 2025 registered with the Vinchhiya Police Station, District- Rajkot (Rural), for the offences punishable under Sections 331(6), 76, 115(2), 118(1), 117(2), 352 and 54 of the Bharatiya Nyaya Sanhita, 2023, and under Sections 37(1) and 135 of the Gujarat Police Act, as well as the proceedings of the Criminal Case (Juvenile) No. 45 of 2026 pending before the Juvenile Justice Board at Rajkot, so also all other consequential proceedings arising pursuant thereto qua the present applicant.

3. Today, when the matter is called out, the complainant and his wife (i.e. the injured) are personally present before this Court and have produced their identity proofs, which are ordered to be taken on record. The complainant and his wife have filed an affidavit, which are annexed at Annexure- C to the application. In the said affidavits, the complainant and his wife have categorically stated that the dispute with the applicant has been resolved and there is no ill-will or any grievance amongst them.

4. Considering the issue involved in the present application as well as considering the fact that the dispute between the parties has been amicably resolved with the consent of learned advocates for the respective parties, the present application is taken up for final disposal.

5. Rule returnable forthwith. Learned APP Mr.Tirthraj Pandya waives service of notice of the rule for and on behalf of the respondent No.1-State. Learned advocate Mr. Amit Soliya waives service of notice of rule for and on behalf of the respondent No.2- complainant.

6. The complainant and his wife are personally present before the Court and have stated before the Court that they have no objection if the FIR and the proceedings of the Juvenile Case are quashed. Thus, sending the applicant-accused to face the trial would be a futile exercise.

7. The relevant paragraphs of the affidavit filed by the complainant read thus :

          "1. I. Chakubhai Polabhai Sakadiya Jate. Koli Aged: 65, Occ. Farming Residing at: In the field of Dhedhuki Village: Dhedhuki Taluka: Vinchchiya Dist: Rajkot the Original Complainant herein, hereby solemnly state and affirm on oath as under;

          2. I have gone through the application filed by the applicants and I say that the alleged incident was occurred due to the misunderstanding on the part of accused/applicants and due to sudden provocation, incident was taken place; and therefore I have filed this complaint.

          3. Subsequently, the applicants/accused realized his mistakes. Now I have no difficulties. I received injury therefore I took treatment. Now I am not facing any difficulties. we are having brother like relations as we are old friends. Therefore our elder family members intervened in the issue and we decided to settle the issue. Now, we are living like brothers in the same village and having no grievance or grudge regarding the incident. I have taken consent from My Wife & my son namely Dhanjibhai Chakubhai he does not have any objection if the application filed by the applicant is allowed

          4. I say that I have no objection if the FIR which was registered by Ori. Complainant at Vinchhiya Police Station Dist. Rajkot vide C.R. No. 11213068250010 of 2025 for the offence u/s 331(6), 76, 115(2), 118(1), 117(2), 352, 54 of Bhartiya Nyaya Sanhita- 2023 and u/s 37(1), 135 Gujarat Police Act on dated 09.01.2025 as well Criminal Case Juvenile no. 45 of 2026 pending before the Juvenile justice board at Rajkot is quashed and prayer made by the applicants in the present application is granted by this Hon'ble court."

8. The relevant paragraphs of the affidavit filed by the injured witness read thus :

          "1. I, Manjuben W/o Chakubhai Polabhai Sakadiya Jate. Koli Aged: 60. Occ. House-Hold Residing at In the field of Dhedhuki Village: Dhedhuki Taluka: Vinchchiya Dist: Rajkot the Injured Witness herein, hereby solemnly state and affirm on oath as under;

          2. I have gone through the application filed by the applicants and I say that the alleged incident was occurred due to the misunderstanding on the part of accused / applicants and due to sudden provocation, incident was taken place; and therefore original complainant have filed this complaint.

          3. Subsequently, the applicants/accused realized his mistakes. Now I have no difficulties. We are having like relations as we are old friends. Therefore our elder family members intervened in the issue and we decided to settle the issue. Now, we are living like brothers in the same village and having no grievance or grudge regarding the incident. I have taken consent from my son namely Dhanjibhai Chakubhai he does not have any objection if the application filed by the applicant is allowed."

          4. I say that I have no objection if the FIR which was registered by Ori. Complainant at Vinchchiya Police Station Dist. Rajkot vide C.R. No. 11213068250010 of 2025 for the offence u/s 331(6), 76, 115(2), 118(1), 117(2), 352, 54 of Bhartiya Nyaya Sanhita-2023 and u/s 37(1), 135 Gujarat Police Act on dated 09.01.2025 as well criminal case juvenile no. 45 of 2026 pending before the Juvenile justice board at Rajkot is quashed and prayer made by the applicants in the present application is granted by this Hon'ble court."

9. 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 pursuant to the impugned FIR and the Juvenile Case against the applicant-accused would be an unnecessary harassment to the applicant-accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR and the Juvenile Case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and the proceedings of the Juvenile Case, as well as all other consequential proceedings are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

10. In the result, the application is allowed. The FIR being CR. No.11213068250010 of 2025 registered with the Vinchhiya Police Station, District- Rajkot (Rural), for the offences punishable under Sections 331(6), 76, 115(2), 118(1), 117(2), 352 and 54 of the Bharatiya Nyaya Sanhita, 2023, and under Sections 37(1) and 135 of the Gujarat Police Act, as well as the proceedings of the Criminal Case (Juvenile) No. 45 of 2026 pending before the Juvenile Justice Board at Rajkot, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set aside qua the applicant.

11. Rule made absolute. Direct service is permitted.