Vansol Ravikumar S/O Gautambhai ... vs State Of Gujarat

Citation : 2026 Latest Caselaw 2198 Guj
Judgement Date : 10 April, 2026

[Cites 5, Cited by 0]

Gujarat High Court

Vansol Ravikumar S/O Gautambhai ... vs State Of Gujarat on 10 April, 2026

                                                                                                               NEUTRAL CITATION




                             R/CR.MA/8170/2026                                   ORDER DATED: 10/04/2026

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                           FIR/ORDER) NO. 8170 of 2026
                       ==========================================================
                        VANSOL RAVIKUMAR S/O GAUTAMBHAI BECHARBHAI THRO PARMAR
                                     GAUTAMBHAI BECHARBHAI & ANR.
                                                 Versus
                                        STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR PRATIK B BAROT(3711) for the Applicant(s) No. 1,2
                       MR MANAN MAHETA, APP for the Respondent(s) No. 1
                       ==========================================================
                         CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                                           Date : 10/04/2026
                                                            ORAL ORDER

1. Learned advocate Mr. Piyush B. Trivedi 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 applicants-accused have prayed to quash and set-aside the First Information Report No.11206062250366 of 2025 registered with the Satlasana Police Station, District - Mehsana, for the offences punishable under Sections 137(2), 75(2), 309(4), 54, 352, 351(2) and 351(3) of the Bharatiya Nyaya Page 1 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:28:39 IST 2026 NEUTRAL CITATION R/CR.MA/8170/2026 ORDER DATED: 10/04/2026 undefined Sanhita, 2023, and under Sections 12 and 17 of the POCSO Act, as well as charge-sheet and the proceedings of the Criminal Case Juvenile No.129 of 2025 pending before the learned 13th Additional Civil Judge and Judicial Magistrate, First Class, Mehsana, so also all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, both the complainant and the victim are personally present before this Court. The complainant and the victim through her father have filed their affidavits and have produced their identity proofs, which are ordered to be taken on record. In the said affidavit, the complainant and the victim have categorically stated that the dispute has been amicably resolved between the parties 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. Page 2 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:28:39 IST 2026

NEUTRAL CITATION R/CR.MA/8170/2026 ORDER DATED: 10/04/2026 undefined

5. RULE returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 - State and learned advocate Mr. Piyush Trivedi waives service of notice of rule for and on behalf of the respondent no.2 - complainant.

6. The complainant and the victim, who are personally present before this Court, have categorically stated before this Court that the dispute has been amicably resolved and they have no objection if the application is allowed and the impugned FIR as well as the proceedings of the criminal case are quashed and set-aside.

7. The relevant paragraphs of the affidavit filed by the complainant - Ganpatbhai Ranchhodbhai Bhikhabhai Parmar, read thus :

"2. I state and submit that post lodgment of the FIR, now a development has so occurred that an amicable settlement has been arrived at between me, the victim aged about 17 years and the applicants, upon intervention of the elders of the family, friends and commonly known persons and the incident has occurred out of a misunderstanding. In view of such settlement, if the impugned FIR and other consequential proceedings are quashed and set aside, I and the victim have no objection rather I give my free consent for quashment of the same.
3. I state and submit that the settlement has been arrived at amicably without there being any coercion or force. I therefore, reiterate that if FIR registered against the applicants is quashed, I Page 3 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:28:39 IST 2026 NEUTRAL CITATION R/CR.MA/8170/2026 ORDER DATED: 10/04/2026 undefined and the victim have no objection."

8. The relevant paragraphs of the affidavit filed by the victim - XYZ d/o Arvindkumar Ganeshbhai Parmar, read thus :

"2. I state and submit that post lodgment of the FIR, now a development has so occurred that an amicable settlement has been arrived at between me, the informant, and the applicants, upon intervention of the elders of the family, friends and commonly known persons and the incident has occurred out of a misunderstanding. In view of such settlement, if the impugned FIR and other consequential proceedings are quashed and set aside, I have no objection rather I give my free consent for quashment of the same.
3. I state and submit that the settlement has been arrived at amicably without there being any coercion or force. I therefore, reiterate that if FIR registered against the applicants is quashed, I have no objection."

9. Thus, it appears from the aforesaid that to continue further with the criminal proceedings pursuant to the impugned FIR as well as the criminal case would be a futile exercise and the same would amount to abuse of process of law.

10. 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 Page 4 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:28:39 IST 2026 NEUTRAL CITATION R/CR.MA/8170/2026 ORDER DATED: 10/04/2026 undefined 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 criminal proceedings pursuant to the impugned FIR as well as the criminal case 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 FIR 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 Bharatiya Nagarik Suraksha Sanhita, 2023.

11. In the result, the application is allowed. The proceedings of the First Information Report No.11206062250366 of 2025 registered with the Satlasana Police Station, District - Mehsana, for the offences punishable under Sections 137(2), 75(2), Page 5 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:28:39 IST 2026 NEUTRAL CITATION R/CR.MA/8170/2026 ORDER DATED: 10/04/2026 undefined 309(4), 54, 352, 351(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and under Sections 12 and 17 of the POCSO Act, as well as charge-sheet and the proceedings of the Criminal Case Juvenile No.129 of 2025 pending before the learned 13th Additional Civil Judge and Judicial Magistrate, First Class, Mehsana, so also all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside qua the present applicants.

12. Rule made absolute. Direct service is permitted.

(VIMAL K. VYAS, J) DEEPAK GEHLOT Page 6 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:28:39 IST 2026