Oral Order

1. By way of this application under Section 528 of the Bharatiya Nagarik Nayaya Sanhita, 2023, the applicants have prayed to quash and set aside the complaint being FIR No. C.R. No.11208050260353/2026 registered with 'A' Division Police Station, Rajkot city for the offences under Sections 118(1), 117(2), 352, 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Gujarat Police Act and all the consequential proceedings arising therefrom.

2. At the outset, Ms.Kiranben K. Bhatt, learned advocate submits that she has received instructions to appear on behalf of respondent no.2-original complainant and she would file her Vakalatnama. She is permitted to file the Vakalatnama in the Registry.

3. Heard Ms.Gayatriba Jadeja, learned advocate for the petitioners, Ms.Vrunda Shah, learned APP for the respondent State and Ms.Bhatt, learned advocate for the respondent No.2.

4. Rule. Learned APP and learned advocate for respondent no.2 waive service of Rule on behalf of the respective respondents.

5. Ms.Jadeja, learned advocate for the petitioners submit that after registration of the FIR by respondent No.2 against the petitioners, due to intervention of elderly persons of the respective families, an amicable settlement has been arrived at between the parties. She would further state that the complainant has submitted an affidavit giving his consent for quashing of the impugned complaint.

6. Ms.Bhatt, learned advocate for respondent No.2 would also submit that there is an amicable settlement. She has identified the original complainant - respondent No.2 herein, who is present before the Court. The complainant has confirmed that there is an amicable settlement between the parties and he has no objection if the complaint may be quashed and set aside by this Court. The complainant has also informed that except him, nobody else was injured in the incident.

7. Per contra, Ms.Shah, learned APP would draw the attention of this Court that there are previous antecedents of petitioners herein as well as respondent No.2. She would submit that appropriate order may be passed in the interest of justice.

8. Having heard learned advocates for the respective parties and upon going through the impugned complaint and now there is an amicable settlement arrived at between the parties which can be seen from the affidavit of the original complainant - respondent No.2 herein submitted on record of this case, it is desirable that quietus be given to the impugned complaint. Upon inquiry, it has been informed by learned APP to this Court that within two days the original complainant was discharged from the hospital and as such, bare ready of the impugned complaint would not remotely suggests that it is a case of any grievous hurt. It further appears that there is a rivalry between the complainant and the accused, which is now settled down with the intervention of elderly persons of their respective families. No serious cases are pending against the petitioners of similar nature, like the present one.

9. Taking note of the fact that the dispute is amicably settled between the parties and the complainant has no objection if the complaint and all consequential proceedings are quashed and set aside qua the petitioners, as well as 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), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicants would be unnecessary harassment to the applicants. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside.

10. In view of the aforesaid, FIR being C.R. No. No.11208050260353/2026 registered with 'A' Division Police Station, Rajkot city, is hereby quashed and set aside along with all consequential proceedings arising therefrom qua the present petitioners. The jail authority concerned is directed to release the petitioners forthwith, if they are in jail and not required in connection with any other offence.

11. Accordingly, present Special Criminal Application is allowed. Rule is made absolute to aforesaid extent. Direct service is permitted.