Oral Order

1. Learned advocate Ms. Kinjal P. Shukla submits that she has instructions to appear on behalf of the respondent no.1 - complainant. She is permitted to file her appearance. Registry shall accept her vakalatnama.

2. By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused has prayed to quash and set-aside the First Information Report No.11213006260220 of 2026 registered with the Bhayavadar Police Station, District - Rajkot (Rural), for the offences punishable under Sections 308(5), 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and under Section 33, 40 and 42 of the Gujarat Money Lenders Act, 2011, as well as all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof as well as the affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that the dispute between him and the applicant-accused has been amicably 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 has been amicably resolved with the applicant, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for final disposal.

5. RULE returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.2 - State and learned advocate Ms. Kinjal Shukla waives service of notice of rule for and on behalf of the respondent no.1 - complainant.

6. The complainant, who is personally present before this Court, has categorically stated that the dispute has been amicably resolved with the applicant and he has no objection if the application is allowed and the impugned FIR is quashed and set-aside.

7. The relevant paragraphs of the affidavit filed by the complainant - Girishbhai Mohanbhai Kansondra (Patel), read thus:

          "1. I am the original complainant in FIR being C.R. No. 11213006260220/2026 registered at Bhayavadar Police Station, Rajkot Rural.

          2. I say that I have received back my tractor, Bank cheque book of state bank of India, letter of undertaking for returning of money, shades from the present petitioner. The petitioner and his relatives gave him the reassurance that they will never ask for the said money from me and will not harass or threaten me in any way. Therefore, I have arrived at a decision to settle this matter amicably and I am doing so with free consent and without any coercion or undue influence by anyone.

          3. I say that due to financial misunderstanding, I had lodged the said FIR against two persons, mostly all allegations of threats and criminal intimidation is on accused no.01 only not on the accused no.02. However, with the passage of time and with the intervention of villagers and elders, I have amicably resolved all issues with the present Petitioner - Bharatsinh Narubha Jadeja (Accused No. 2) only.

          4. I say that contents of the petition have been read over and explained to me in detail in vernacular language. That the contents of the petition are absolutely true and I support the same.

          5. I say that I have some financial dispute with the present petitioner and the above mentioned FIR came to registered but due to the intervention of the friends, family members the dispute is resolved between me and the present petitioner therefore now I am not interested in prosecuting further i.e. the FIR and the Impugned proceeding thereto and if the same are quashed and set aside than I have no objection."

8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR would be a futile exercise and the same would amount to abuse of process of law.

9. 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 continuing further with the criminal proceedings pursuant to the impugned FIR would be a futile exercise and the same 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.

10. In the result, the application is allowed. The proceedings of the First Information Report No.11213006260220 of 2026 registered with the Bhayavadar Police Station, District - Rajkot (Rural), for the offences punishable under Sections 308(5), 351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and under Section 33, 40 and 42 of the Gujarat Money Lenders Act, 2011, as well as all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside qua the present applicant.

11. The Authority shall release the present applicant from judicial custody forthwith, if he is not required in any other case.

12. Rule made absolute. Direct service is permitted.