ORDER : 1. Heard learned Senior Advocate Mr. Yogesh Lakhani assisted by learned advocate Mr. P.P. Majmudar, learned advocates Mr. Dalfraz Havewalla, learned advocate Mr. Ariez Munshi, learned advocate Mr. Apurva Kapadia, learned advocate Mr. Ashok Purohit on behalf of Mr. Parth Patel for the respective parties and learned Public Prosecutor Mr. Mitesh Amin with learned Assistant Public Prosecutor Ms. Chetna M. Shah for the respondent State. ORDER IN CR.MA/1/2020 IN CR.MA/2502/2020 2. This is an application filed by the third party for joining him as party respondent in Criminal Misc. Application No. 2502 of 2020 on the ground that the applicants have one third share in the property which is the subject matter of the main petition on the ground that their names appear in the village form No.7 and 12 of the revenue records. The applicants have not filed any complaint till date for their one third share in the property, nor raised any grievance before any authority at any point of time. It appears from the affidavit-in-reply filed on behalf of the respondent nos.3 and 4 who are the original accused persons and petitioners in the main petition, wherein, in paragraph-5 thereof it is stated that the statements of the father and uncle of the applicants were recorded to the effect that they had already sold the land to Shri Arjunbhai Shantilal Patel and Shri Harishbhai Nanjibhai Umrigar and also received consideration, and therefore, the claim of the applicants that they are the joint owners of the land in question is an absolute false claim. Considering such statement, this application is not required to be entertained, as the main matter is filed for quashing the complaint due to settlement between the parties. The applicants are therefore, neither necessary nor proper party in the present proceedings and applicants may take appropriate action for protection of their rights, if any, in accordance with law. 3. In such circumstances, the Criminal Misc. Application No.1/2020 in Criminal Misc. Application No.2502/2020 being devoid of any merit is hereby rejected. ORDER IN CR.MA/2502/2020 4. Learned Senior Advocate Mr. Yogesh Lakhani under instructions, seeks permission to withdraw this petition, as the complainant has already filed affidavits stating that there is settlement between the parties in the main quashing petitions being Special Criminal Application No. 2016 of 2017 and Special Criminal Application No. 2078 of 2017. 5. Permission as prayed for is granted. Criminal Misc. Learned Senior Advocate Mr. Yogesh Lakhani under instructions, seeks permission to withdraw this petition, as the complainant has already filed affidavits stating that there is settlement between the parties in the main quashing petitions being Special Criminal Application No. 2016 of 2017 and Special Criminal Application No. 2078 of 2017. 5. Permission as prayed for is granted. Criminal Misc. Application No. 2502 of 2020 is disposed of, as withdrawn. ORDER IN SCR.A NO.2016/2017 WITH CR.MA NO.1/2018 IN SCR.A NO.2016/2017 WITH SCR.A NO.2078/2017 WITH CR.MA NO. 1/2018 IN SCR.A 2078/2017 : 6. Rule returnable forthwith. Learned advocate Mr. A.B. Munshi waives service of notice of rule on behalf of the original complainant and learned Assistant Public Prosecutor Ms. Chetna M. Shah waives service of notice of rule on behalf of respondent State. 7. By way of the present quashing petitions under Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘Code’) filed separately by the two petitioners who are original accused persons have prayed for quashing and setting aside the F.I.R. No.I-C.R.195/2015 dated 17.10.2015 registered with Khatodra Police Station, Surat city for the offence punishable under Sections 406, 420, 465, 467, 468, 471, 120(B), 114 and 34 of the Indian Penal Code. 8. Learned advocates appearing for the petitioners have produced on record copy of affidavit dated 7th August, 2020 sworn by the original complainant – respondent no. 2 stating that settlement arrived has been arrived at between the parties with regard to disputed land in question. 9. Learned advocate appearing for the respondent no.2 confirms correctness and genuineness of the affidavit sworn in by the respondent no.2. 10. Learned Public Prosecutor Mr. Mitesh Amin assisted by learned APP Ms. Shah for the respondent State states that there is pending litigation before this court with regard to the fixing of premium for conversion of land in question for Non-Agriculture purpose. He therefore, objects to quash of present proceedings on the premise of settlement. 11. With the consent of learned advocates for the petitioners and learned advocate for respondents, present petitions are taken up for final disposal today. 12. Learned Senior Advocate Mr. Yogesh Lakhani for the petitioners has taken this Court through the factual matrix arising out of the present petition. It was submitted that settlement has been arrived between the parties. Learned Senior Advocate Mr. 12. Learned Senior Advocate Mr. Yogesh Lakhani for the petitioners has taken this Court through the factual matrix arising out of the present petition. It was submitted that settlement has been arrived between the parties. Learned Senior Advocate Mr. Yogesh Lakhani further states that the petitioners shall file an undertaking before this Court that they shall abide by whatever decision to be rendered in the pending litigation before this court with regard to the payment of premium for the conversion land in question for non agriculture purpose and they shall not object on the basis of disposal of these petitions. 13. At the outset, it is submitted that the parties have arrived at the settlement outside the Court. In support of such submission made at bar by the learned advocates appearing for the respective parties, they have placed on record the affidavit of the respondent No.2 dated 7th August, 2020 stating that the matter has been amicably settled between the parties. 14. Considering the affidavit filed by the complainant dated 07.08.2020, since the disputes with reference to the impugned F.I.R. is settled and resolved by and between the parties which are confirmed by the original complainant through the learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Therefore, the impugned F.I.R. is required to be quashed and set aside. 15. Resultantly, Special Criminal Application No. 2016/2017 and Special Criminal Application No. 2078/2017 are allowed. Impugned F.I.R. No. I-C. R. 195/2015 dated 17.10.2015 registered with Khatodra Police Station, Surat city and all other consequential proceedings arising out of said F.I.R. are hereby quashed and set aside qua the petitioners on condition that the petitioners of shall file an undertaking before this Court within a period of two weeks to the effect that they shall not object to the payment of premium for conversion of land in question for Non-Agriculture purpose to be decided in the pending proceedings before this Court on the basis of disposal of these petitions. 16. Rule is made absolute to the aforesaid extent in each petitions. Direct service is permitted. 17. In view of order passed in the main petitions, Criminal Misc. Applications also stand disposed of accordingly. ORDER IN CR.MA 2500/2020 18. Rule returnable forthwith. Learned advocate Mr. 16. Rule is made absolute to the aforesaid extent in each petitions. Direct service is permitted. 17. In view of order passed in the main petitions, Criminal Misc. Applications also stand disposed of accordingly. ORDER IN CR.MA 2500/2020 18. Rule returnable forthwith. Learned advocate Mr. Daifraz Havewalla waives service of notice of rule on behalf of the original complainant and learned Assistant Public Prosecutor Ms. Chetna M. Shah waives service of notice of rule on behalf of respondent State. 19. By way of the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, the ‘Code’), the applicant prays for quashing and setting aside the Criminal Case No. 3081/2011 pending before the learned 2nd Additional Civil Judge and Judicial Magistrate First Class, Surat for the offences punishable under Sections 420, 465, 467, 468, 471, 120(B), 114 and 34 of the Indian Penal Code. 20. Learned advocate appearing for the petitioner has produced on record copy of affidavit sworn by the original complainant – respondent no. 2 and his family members stating that there is a settlement arrived at between the parties. 21. Learned advocate for the respondent no.2 confirms correctness and genuineness of the affidavits sworn in by the respondent no.2 and his family members. 22. Learned Public Prosecutor Mr. Mitesh Amin assisted by learned APP Ms. Shah for the respondent State states that there is pending litigation before this court with regard to the fixing of premium for conversion of land in question for Non-Agriculture purpose. He therefore, objects to quash of present proceedings on the premise of settlement. 23. With the consent of learned advocate for the petitioner and learned advocate for respondents, present petition is taken up for final disposal today. 24. Learned Senior Advocate Mr. Yogesh Lakhani for the petitioner has taken this Court through the factual matrix arising out of the present petition. It was submitted that settlement has been arrived between the parties. Learned Senior Advocate Mr. Yogesh Lakhani further states that the petitioners shall file an undertaking before this Court to the effect that they shall abide by whatever decision to be rendered in the pending litigation before this court with regard to the payment of premium for the conversion land in question for non agriculture purpose and they shall not object on the basis of disposal of these petitions. 25. 25. At the outset, it is submitted that the parties have amicably resolved the dispute. In support of such submission made at bar by the learned advocates appearing for the respective parties, they have placed on record the affidavit of the respondent No.2 stating that the matter has been amicably settled between the parties. 26. Since now, the disputes with reference to the impugned complaint is settled and resolved by and between parties which are confirmed by the original complainant through his learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Therefore, the impugned Criminal Case No.3081/2011 is required to be quashed and set aside. 27. Resultantly, this application is allowed. Impugned Criminal Case No. 3081/2011 pending before the learned 2nd Additional Civil Judge and Judicial Magistrate First Class, Surat and all other consequential proceedings arising out of said criminal case are hereby quashed and set aside qua the petitioner on condition that the petitioners shall file an undertaking before this Court within a period of two weeks to the effect that they shall not object to the payment of premium for conversion of land in question for Non-Agriculture purpose to be decided in the pending proceedings before this Court on the basis of disposal of this petition. 28. Rule is made absolute to the aforesaid extent. Direct service is permitted. 29. The Registry is directed to communicate this order to the concerned Court/authority by Fax or Email.