Gujarat High Court
Vishal Rajuji Thakor vs State Of Gujarat on 1 December, 2025
NEUTRAL CITATION
R/CR.MA/24909/2025 ORDER DATED: 01/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
24909 of 2025
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VISHAL RAJUJI THAKOR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
J M TALOTA(7443) for the Applicant(s) No. 1
MR NILESHKUMAR H PIPALIYA(11747) for the Applicant(s) No. 1
MS KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 01/12/2025
ORAL ORDER
1. Learned advocate Mr. Rishabh Singh Bhadauria appears and submits that he has instructions to appear on behalf of the respondent no.2 - complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.
2. By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant- accused has prayed to quash and set-aside the First Information Report No.11191063240373 of 2024 registered with the "M" Division Traffic Police Station, District - Ahmedabad, for the offences punishable under Sections 281, 324, and 125(a) of the Bharatiya Nyaya Sanhita, 2023 and under Section 177, 184 and 181 of the Motor Vehicles Act, as well as the proceedings of the Criminal Case No.126773 of 2024 pending before the learned Additional Chief Judicial Magistrate Court, Ahmedabad, and all other consequential proceedings arising pursuant thereto.
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3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof as well as the affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that with the intervention of the friends and family members, the dispute between him and the applicant-accused 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. Rishabh Singh Bhadauria waives service of notice of rule for and on behalf of the respondent no.2 - complainant.
6. The complainant, who is present in the Court, has categorically stated before this Court that the dispute has been resolved and he has no objection if the application is allowed and the impugned order is quashed and set-aside.
7. The relevant paragraph of the affidavit reads thus :
" I state and submit that an amicable settlement arrived at between the respondent No.2/original complainant and the petitioner and thus the respondent No. 2 has no objection if the impugned judgment and order dated 30.9.2024 Page 2 of 4 Uploaded by DEEPAK GEHLOT(HC02361) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:19:27 IST 2025 NEUTRAL CITATION R/CR.MA/24909/2025 ORDER DATED: 01/12/2025 undefined passed by the learned 24th Additional Chief Judicial Magistrate, Ahmedabad City in Criminal Case No. 100 of 2016 (old Criminal Case No. 1326 of 2012) is quashed and set aside . I say that I have no grievance against the petitioner and I further say that I have no objection if the present petition is allowed".
8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned order would be a futile exercise and the same would amount to abuse of process of law.
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 continuing further with the proceedings pursuant to the impugned order would be a futile exercise and the same would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned order and all other consequential proceedings arising pursuant thereto are required to be quashed and set-aside in exercise of the powers conferred 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
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10. In the result, the application is allowed. The proceedings of the First Information Report No. 11191063240373 of 2024 registered with the "M" Division Traffic Police Station, District - Ahmedabad, for the offences punishable under Sections 281, 324, and 125(a) of the Bharatiya Nyaya Sanhita, 2023 and under Section 177, 184 and 181 of the Motor Vehicles Act, as well as the proceedings of the Criminal Case No.126773 of 2024 pending before the learned Additional Chief Judicial Magistrate Court, Ahmedabad, and all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) DEEPAK GEHLOT Page 4 of 4 Uploaded by DEEPAK GEHLOT(HC02361) on Tue Dec 02 2025 Downloaded on : Tue Dec 02 23:19:27 IST 2025