Oral Order

1. Learned advocate Mr. Ashok N. Parmar 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 preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11196038200768 of 2020 registered with the Varasia Police Station, District Vadodara City, for the offences punishable under Sections 498A, 323, 504, 406, 114 of the Indian Penal Code and under Section 3, 7 of the Dowry Prohibition Act as well as the proceedings of the Criminal Case No.25587 of 2020 pending in the Court of the learned 7 th Additional Civil Judge and JMFC, Vadodara and the Chargesheet No.460 of 2020, so also 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 her identity proof. The same is ordered to be taken on record. The complainant has also filed an affidavit, which is appended to the application. In the said affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute 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 between the parties, 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 Ms. Krina Calla waives service of notice of rule for and on behalf of the respondent no.1 - State and learned advocate Mr. Ashok N. Parmar waives service of notice of rule for and on behalf of the respondent no.2 - complainant.

6. Learned advocate for the applicants-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR, proceeding of Criminal Case and the charge- sheet, may be quashed and set-aside.

7. The complainant, who is personally present in the Court, has categorically stated before this Court that she has no objection if the application is allowed and the FIR is quashed and set-aside. Thus, it appears from the aforesaid that sending the applicants-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law.

8. The relevant paragraphs of the affidavit read thus :

          "3. That during the course of the trial of Criminal Cse no.25587 of 2020 in reference to the offence registered vide FIR NO.11196038200768 of 2020, the amicable settlement of all matrimonial disputes with the petitioner no.1 herein has been arrived at with the intervention of family members, whereby the issues and allegations have been conclusively settled and no other issue of dispute exists with the petitioner no.1 or his family members as accused vide said FIR. It is pertinent to further submit that Petition for MUTUAL consent divorce has been filed jointly with Petitioner No.1 before the Hon'ble Family Court at Ahmedabad.

          5. I say that there remains no dispute with the petitioners previously accused vide FIR No. 11196038200768 of 2020, hence I do not intend to continue with prosecution vide Criminal Case No. 25587 of 2020 and therefore I hereby give my FREE CONSENT, without any force duress, influence or intimidation to QUASH AND SET ASIDE the Criminal Case No. 25587 of 2020, pending before the before Ld. 7th Additional Civil Judge and JMFC at Vadodara arising against the registered FIR NO. 11196038200768 of 2020 registered for the offences punishable under section 498, 323, 504, 506(2) of IPC and under section 3 and 7 of the Dowry Prohibition Act against the present petitioners."

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 further continuation of the criminal proceedings in relation to the impugned FIR against the applicants-accused would be nothing but unnecessary harassment to the applicants- accused. It further appears that the trial would be a futile exercise and continuing further with the proceedings pursuant to the impugned FIR would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR, charge- sheet and the proceedings of the criminal case 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. 11196038200768 of 2020 registered with the Varasia Police Station, District Vadodara City, for the offences punishable under Sections 498A, 323, 504, 406, 114 of the Indian Penal Code and under Section 3, 7 of the Dowry Prohibition Act as well as the proceedings of the Criminal Case No.25587 of 2020 pending in the Court of the learned 7 th Additional Civil Judge and JMFC, Vadodara and the Chargesheet No.460 of 2020, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside.

11. Rule made absolute. Direct service is permitted.