ORDER : Vimal K. Vyas, J. 1. Learned advocate Mr.Vishrut Bhandari 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- original accused seek to invoke the inherent powers of this Court, praying to quash and set- aside the First Information Report being C.R.No.I- 76 of 2019 registered with the Navrangpura Police Station, Ahmedabad, for the offences punishable under Sections 406, 420, 114, 465, 467, 468, 471 of the Indian Penal Code; the charge sheet as well as the proceedings of the Criminal Case No.17934 of 2020 pending before the learned Additional Chief Judicial Magistrate, Ahmedabad, so also all other consequential proceedings arising pursuant thereto. 3. Today, when the matter is called out, the original complainant, who is personally present before this Court, has produced her identity proof as well as further affidavit, which are ordered to be taken on record. In the further affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute between him and the applicants- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, he does not want to proceed further with the criminal proceedings pursuant to the impugned FIR and the Criminal Case against the present applicants. 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.Vishrut Bhandari 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, the charge-sheet as well as the proceedings of the Criminal Case may be quashed and set-aside. 7. 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, the charge-sheet as well as the proceedings of the Criminal Case may be quashed and set-aside. 7. The original complainant, who is present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the impugned FIR; the charge-sheet as well as the proceedings of the Criminal Case are 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 further affidavit of the original complainant, read thus : “1. I say that I am the original complainant in FIR being C.R. No. 76 of 2019 registered with Navrangpura Police Station, Ahmedabad, and being well acquainted with the facts of the case, I am competent to swear this affidavit. This affidavit is being sworn in furtherance of the previous affidavit already filed before this Hon'ble Court. 2. I say that I am the proprietor of Olive Real Infra, engaged in the business of real estate development. In 2014, the Accused brothers had approached for redevelopment of their property. 3. I say that the dispute arose in relation to a development arrangement entered into between myself and the original land owners, whereby it was agreed that the original land owners would receive an amount of Rs.1.68 Crores as compensation and hand over possession of the land to the developer for development of the property. 4. I say that it was further agreed that upon development of the property, six flats in the building would be allotted to the land owners, and the remaining flats in the building would be available with the developer for sale. 5. I say that thereafter disputes arose between the parties in relation to the fourth floor of the building. The dispute also arose on account of the fact that I had purchased a further 1% FSI for the building, due to which I was able to construct larger flats than originally envisaged. It was agreed that the amount spent to purchased additional FSI, would be split amongst the developers and the original land owners. The dispute also arose on account of the fact that I had purchased a further 1% FSI for the building, due to which I was able to construct larger flats than originally envisaged. It was agreed that the amount spent to purchased additional FSI, would be split amongst the developers and the original land owners. The Accused persons did not pay me this amount. 6. I say that in view of the increased area of construction, the land owners were required to pay an additional amount of Rs.1.20 Crores towards the six flats that were constructed for them. However, instead of making the said payment, the land owners started claiming rights over a portion of the fourth floor of the building, which was the exclusive right of the developer to deal with and sell. 7. Thereafter, though possession was not handed over by me to the Accused persons, they trespassed into the newly constructed building and broke the lock and started living there. 8. I say that in view of the above disputes, I had lodged the aforesaid FIR being C.R. No. 76 of 2019 with Navrangpura Police Station against the accused persons. 9. I say that thereafter both parties instituted civil suits before the Learned Civil Court at Ahmedabad in respect of the disputes arising out of the said development arrangement. 10. I say that the said disputes were amicably resolved between the parties and came to be disposed of by way of a compromise decree dated 11.02.2023 passed in Regular Civil Suit No. 71 of 2020 by the Learned Civil Court at Ahmedabad. 11. I say that as per the terms of the said compromise decree, the original land owners (who are the accused in the present FIR) agreed to execute a Sale Deed in respect of the fourth floor of the building and sign the same as confirming parties, whereas I agreed to pay certain amounts to them as agreed between the parties. A copy of the compromise decree dated 11.02.2023 is annexed herewith and marked as ANNEXURE-R1. 12. I say that the terms of the compromise decree have been fully acted upon and the transactions contemplated therein have already been completed between the parties. 13. A copy of the compromise decree dated 11.02.2023 is annexed herewith and marked as ANNEXURE-R1. 12. I say that the terms of the compromise decree have been fully acted upon and the transactions contemplated therein have already been completed between the parties. 13. I say that in view of the amicable settlement and compromise decree dated 11.02.2023, the disputes between the parties now stand fully resolved and no grievance survives against the accused persons and the accused persons have signed as confirming parties and duly executed the sale deed for the 4 th floor. 14. It is further submitted that I too, am living with my family in the same building on the 6 th floor and in the interest of peaceful co-existence with each other, I have no objection if the impugned FIR is quashed and set aside. 15. I therefore state that I have no objection if FIR being C.R. No. 76 of 2019 registered with Navrangpura Police Station, Ahmedabad and all consequential proceedings arising therefrom are quashed and set aside by this Hon'ble Court. 16. I say that this affidavit is made voluntarily and without any coercion, pressure or undue influence, for the purpose of placing my consent before this Hon'ble Court in proceedings seeking quashing of the aforesaid FIR.” 9. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also 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) and State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604 , it appears that continuing further with the criminal proceedings in relation to the impugned FIR, the charge-sheet as well as the Criminal Case against the applicants-accused would be an unnecessary harassment to the applicants-accused. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) and State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604 , it appears that continuing further with the criminal proceedings in relation to the impugned FIR, the charge-sheet as well as the Criminal Case against the applicants-accused would be an unnecessary harassment to the applicants-accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR, the charge- sheet as well as the Criminal Case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR, the charge-sheet as well as the proceedings of the Criminal 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 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 10. In the result, the application is allowed. The First Information Report being C.R.No.I- 76 of 2019 registered with the Navrangpura Police Station, Ahmedabad, for the offences punishable under Sections 406, 420, 114, 465, 467, 468, 471 of the Indian Penal Code; the charge sheet as well as the proceedings of the Criminal Case No.17934 of 2020 pending before the learned Additional Chief Judicial Magistrate, Ahmedabad, 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.