Oral Order

1. Learned advocate Ms. Devanshi Kakkad appears and submits that she has instructions to appear on behalf of the respondent no.2 - original complainant. She is permitted to file her appearance. Registry shall accept her vakalatnama as and when the same is filed.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11197014211905 of 2021 registered with the Dabhoi Police Station, Vadodara (Rural), for the offences punishable under Sections 307, 323, 324, 498A, 504, 114 of the Indian Penal Code and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act as well as the proceedings of the Sessions Case No. 02 of 2022, so also all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the complainant is personally present before this Court. The complainant has also filed an affidavit, which is annexed at Annexure 'B' 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 with the present applicant 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 Ms. Devanshi Kakkad waives service of notice of rule for and on behalf of the respondent no.2 - complainant.

6. Learned advocate for the applicant-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR as well as the proceedings of the Sessions Case 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 as well as the proceedings of the Sessions Case are quashed and set-aside. Thus, it appears from the aforesaid that sending the applicant- 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 filed by the complainant - Mobinabanu W/o Mudassar @ Raja Makbulbhaislat and D/o Ismailbhai Hasanbhai Vaniyavala, read thus :

          "2. I say and submit that the dispute between the petitioner and me was purely of a personal and matrimonial nature. After registration of the FIR, respectable elders and well-wishers from both sides intervened and several meetings were held. Ultimately, the dispute between both the parties has been amicably settled for a total amount of Rs. 13,00,000/-, Pursuant to the said settlement, I have withdrawn my maintenance application as well as the domestic violence proceedings. The divorce proceedings are pending for final orders, and a divorce deed has already been executed by both the parties. Pursuant to such settlement and intervention of elders and relatives, all misunderstandings and disputes between the parties have been amicably resolved. Accordingly, I have decided to cooperate for quashing of the FIR. I state that the FIR came to be lodged due to misunderstandings and differences which have now been settled amicably.

          3. I state that I have voluntarily settled the dispute with the present petitioner and I do not wish to proceed further with the complaint lodged by me against him. I further state that the FIR was lodged by me at the relevant point of time due to anger, anxiety, nervousness, and mental stress.

          4. I state that after lodging of the FIR, the intervention of elders helped me realise the social, mental, and practical hardships which would be caused to both sides if the criminal proceedings are continued. If both parties are subjected to the rigours of criminal trial, it would seriously affect our future and peaceful life.

          5. In view of the aforesaid facts and circumstances, I state on oath that out of my free will and without any pressure, threat, or coercion from any person, I do not wish to prosecute the criminal proceedings against the present petitioner as the dispute has been amicably and peacefully settled. I therefore pray that this Hon'ble Court may be pleased to allow the present Criminal Application and quash the FIR being C.R. No. 11197014211905 of 2021 dated 18.08.2021, registered with Dabhoi Police Station, District Vadodara Rural, and all consequential proceedings arising therefrom, including Sessions Case No. 02 of 2022, in the interest of justice."

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 and the Sessions Case against the applicant-accused would be nothing but unnecessary harassment to the applicant-accused. It further appears that the trial would be a futile exercise and continuing further with the proceedings pursuant to the impugned FIR and Sessions Case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR as well as the proceedings of the Sessions Case, so also 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 First Information Report No. 11197014211905 of 2021 registered with the Dabhoi Police Station, Vadodara (Rural), for the offences punishable under Sections 307, 323, 324, 498A, 504, 114 of the Indian Penal Code and under Section 75 of the Juvenile Justice (Care and Protection of Children) Act as well as the proceedings of the Sessions Case No. 02 of 2022, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside, qua the present applicant only.

11. Rule made absolute. Direct service is permitted.