Gujarat High Court
Viral Lalajibhai Gala (Viral Nanjibhai ... vs State Of Gujarat on 4 May, 2026
NEUTRAL CITATION
R/CR.MA/10312/2026 ORDER DATED: 04/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
10312 of 2026
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VIRAL LALAJIBHAI GALA (VIRAL NANJIBHAI @ LALAJIBHAI GALA)
Versus
STATE OF GUJARAT & ANR.
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Appearance:
CHIRAG A PRAJAPATI(8468) for the Applicant(s) No. 1
MR.RONAK RAVAL, APP for the Respondent(s) No. 1
MS.MAMTA RAJPUT for the Respondent(s) No.2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 04/05/2026
ORAL ORDER
1. Rule returnable forthwith. Learned APP Mr.Raval waives service of Rule on behalf of respondent no.1 and learned advocate Ms.Mamta Prajapati waives service of Rule on behalf of respondent no.2.
2. The present application is filed under section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 for quashment of fir being CR No.11216001240309/2024 registered with Adalaj Police Station, Gandhinagar.
3. At the outset it is submitted by learned advocate for the applicant that the dispute is amicably settled between the parties and the complainant has not supported the case of the prosecution before the learned trial court and they were declared hostile. Learned advocate, Page 1 of 5 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Mon May 04 2026 Downloaded on : Tue May 05 03:46:08 IST 2026 NEUTRAL CITATION R/CR.MA/10312/2026 ORDER DATED: 04/05/2026 undefined appearing for the complainant, has supported the above submission and has given consent for quashment of the present FIR. Learned advocate for the complainant has further drawn the attention of this Court with regard to the affidavit filed by the complainant, which is part of the memo at page 41.
4. This Court has referred the affidavit filed by the complainant, which is reproduced hereinbelow:
"1. Yuvraj Hiralal Rajput @ Navyade Kohinoorde Paavaiya, Aged about 32 years, Gender: Male Residing at: Jashwant Colony, opposite Khodiyar Mata Temple, Naroda, Ahmedabad., the Respondent no. 2 herein, on solemn affirmation states on oath as under:
1. I say that I have gone through the copy of the quashing application filed by the Applicant and after having understood content thereof I am filing the present affidavit.
2. I say that I am the only complainant in the incident narrated in FIR No. 11216001240309 dated 06.05.2024 registered with Adalaj Police Station, Gandhinagar under section 307, 323, 324, 504 of the IPC and Section 135 of the G.P. Act and consequential proceedings for Criminal Case (Session) No. 81 of 2024, which is pending before the Learned Session Court, Gandhinagar.
3. I say that, I and applicant have arrived an amicable settlement between the issue due to intervention of friends and well-wishers and have decided to resolve all disputes and as such the applicant had no role to play in the alleged offence.
4. I have no grievances against the present Applicant as all the Page 2 of 5 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Mon May 04 2026 Downloaded on : Tue May 05 03:46:08 IST 2026 NEUTRAL CITATION R/CR.MA/10312/2026 ORDER DATED: 04/05/2026 undefined disputes are settled between me and the Applicant herein.
5. I say that, I have no objection whatsoever if the FIR No. 11216001240309 dated 06.05.2024 registered with Adalaj Police Station, Gandhinagar under section 307, 323, 324, 504 of the IPC and Section 135 of the G.P. Act and all consequential proceedings for Criminal Case (Session) No. 81 of 202 is pending before the Learned Session Court, Gandhinagar are quashed and set aside with my consent
6. I say that I have settled the matter with the Applicant. I say that therefore the present affidavit is filed to give consent for quashing of the FIR No. 11216001240309 dated 06.05.2024 registered with Adalaj Police Station, Gandhinagar under section 307, 323, 324, 504 of the IPC and Section 135 of the G.P. Act and all consequential proceedings for Criminal Case (Session) No. 81 of 202 which is pending before the Learned Session Court, Gandhinagar and therefore I am filing the present affidavit,
7. I say that I have settled the matter with intervention of friends and well-wishers along with there was cross-FIR filed against me and my team-mates bearing registered at Adalaj Police Station as C.R. No. 11216001240308/2024, under Sections 323, 504, 506(2) and 114 of the Indian Penal Code, 1860 read with Section 135 of the Gujarat Police Act wherein applicant would give consent for quashing the aforesaid FIR and therefore I am filing the present affidavit.
8. I say that no grievances exist between the parties, since the matter is settled."
5. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and Page 3 of 5 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Mon May 04 2026 Downloaded on : Tue May 05 03:46:08 IST 2026 NEUTRAL CITATION R/CR.MA/10312/2026 ORDER DATED: 04/05/2026 undefined 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) as well as 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 and 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 criminal proceedings pursuant to the impugned FIR and the Criminal Case 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 are required to be quashed and set aside in exercise of the Page 4 of 5 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Mon May 04 2026 Downloaded on : Tue May 05 03:46:08 IST 2026 NEUTRAL CITATION R/CR.MA/10312/2026 ORDER DATED: 04/05/2026 undefined powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
6. It is true that the allegations against the present applicant is related to the offence punishable under section 307 of IPC however, considering the nature of injury and the fact that the complainant did not support the case of the prosecution before the learned trial court and as per the settlement affidavit filed before this Court, this Court is of the opinion that the continuation of proceedings would be abuse of process of law therefore present application deserves to be allowed.
7. In view of the above, the impugned FIR being CR No.11216001240309/2024 registered with Adalaj Police Station, Gandhinagar is quashed. Accordingly, all the consequential proceedings are hereby quashed and set aside. Rule is made absolute.
(M. K. THAKKER,J) ARCHANA S. PILLAI Page 5 of 5 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Mon May 04 2026 Downloaded on : Tue May 05 03:46:08 IST 2026