Gujarat High Court
Ravaliya Hitenkumar Jagdishbhai vs State Of Gujarat on 27 April, 2026
NEUTRAL CITATION
R/CR.MA/8564/2026 ORDER DATED: 27/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 8564 of 2026
(FOR CONSENT QUASHING)
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RAVALIYA HITENKUMAR JAGDISHBHAI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR BH SOLANKI(5353) for the Applicant(s) No. 1,2
MR ROHAN SHAH APP for the Respondent(s) No. 1
MS RICHA SHAH for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 27/04/2026
ORAL ORDER
1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today.
2. Rule. Learned advocates appearing for the parties waive service of notice of Rule.
3. By way of the present application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short, the 'BNSS'), the applicants pray for quashing and setting aside the FIR being C.R. No.11203036250261/2025 registered with Maliya Hathina Police Station, Junagadh for the alleged offences as mentioned in the FIR.
4. Heard learned advocate, Mr. B.H. Solanki for the applicants, learned APP Mr. Rohan Shah for respondent no.1 and learned advocate, Ms. Richa Shah for respondent no.2, who is permitted to file Page 1 of 3 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Apr 27 2026 Downloaded on : Mon Apr 27 23:07:38 IST 2026 NEUTRAL CITATION R/CR.MA/8564/2026 ORDER DATED: 27/04/2026 undefined his Vakalatnama in the Registry. I have also heard the respondent no.2 - complainant, who is present before this Court. Learned advocate, Ms. Shah has identified respondent no.2 and confirmed correctness and genuineness of the affidavit filed by him.
5. When the matter is called out, learned advocates appearing for the parties have submitted that now the dispute is amicably settled between the parties and, therefore, the respondent no.2 has filed an affidavit before this Court, copy of which is placed on record at Page No.12. They have also submitted that the co-accused had filed quashing petition before this Hon'ble Court, wherein stay was granted and till date, no other offences have been added. They further submitted that in fact, the Coordinate Bench of this Hon'ble Court has considered the quashing petition of the co-accused on the ground of settlement today itself. Upon making inquiry, the respondent no.2, who is present before this Court, has stated that he has settled the dispute with the present applicants and, therefore, if the impugned FIR is quashed, he has no objection.
6. Therefore since now, the dispute with reference to the impugned FIR is settled and resolved by and between parties, which is confirmed by the original complainant through her learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse Page 2 of 3 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Apr 27 2026 Downloaded on : Mon Apr 27 23:07:38 IST 2026 NEUTRAL CITATION R/CR.MA/8564/2026 ORDER DATED: 27/04/2026 undefined of process of law. In view of the above and in view of the judgment in case of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Narinder Singh & Ors. Vs. State of Punjab & Anr., reported in 2014(2) Crime 67 (SC) and Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur & Ors. Vs. State of Gujarat, recorded on Criminal Appeal No.1723 of 2017 dated 04.10.2017, more particularly, paragraph 15 thereof, the impugned FIR is required to be quashed and set aside.
7. Resultantly, this application is allowed. The impugned FIR being C.R. No.11203036250261/2025 registered with Maliya Hathina Police Station, Junagadh and all other consequential proceedings arising out of said FIR are hereby quashed and set aside.
8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(DIVYESH A. JOSHI, J.) Gautam Page 3 of 3 Uploaded by PATIL GAUTAMBHAI GOPALBHAI(HC00190) on Mon Apr 27 2026 Downloaded on : Mon Apr 27 23:07:38 IST 2026