Gujarat High Court
Janakbhai Kalubhai Vikama vs State Of Gujarat on 6 May, 2026
NEUTRAL CITATION
R/CR.MA/7519/2026 ORDER DATED: 06/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 7519
of 2026
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JANAKBHAI KALUBHAI VIKAMA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1,2,3,4
MS. KRINA P. CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 06/05/2026
ORAL ORDER
1. Learned advocate Ms. Dhwani Chandarana submits that she has instructions to appear on behalf of the respondent no.2
- original complainant. She is permitted to file her appearance. Registry shall accept her vakalatnama as and when the same is filed.
2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11208037230005 of 2023 registered with the Kuvadava Road Police Station, District Rajkot City, for the offences punishable under Sections 307, 324, 323, 504, 506(2), 114 of the Indian Penal Code and under Section 135 of the G.P. Page 1 of 5 Uploaded by AMAR SINGH(HC01081) on Thu May 07 2026 Downloaded on : Thu May 07 22:15:01 IST 2026 NEUTRAL CITATION R/CR.MA/7519/2026 ORDER DATED: 06/05/2026 undefined Act, as well as, the proceedings of the Sessions Case No. 127 of 2023 pending in the Court of the learned 11 th Additional District Judge, District and Sessions Court, Rajkot, so also all other consequential proceedings arising pursuant thereto.
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 submitted the affidavit. The same are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute with the present applicants 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 Ms. Dhwani Chandarana waives service of notice of rule for and on behalf of the respondent no.2 - complainant.
6. Learned advocate for the applicants-accused has Page 2 of 5 Uploaded by AMAR SINGH(HC01081) on Thu May 07 2026 Downloaded on : Thu May 07 22:15:01 IST 2026 NEUTRAL CITATION R/CR.MA/7519/2026 ORDER DATED: 06/05/2026 undefined submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR as well as the proceedings of the Sessions Case may be quashed and set-aside.
7. The complainant, who is personally present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the FIR as well as the proceedings of the Sessions 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 affidavit filed by the complainant - Mahitesh @ Kano Hiteshbhai @ Kalubhai Solanki, read thus :
"3. I say that I have settled the dispute with the Petitioners due to intervention of the well-wishers and therefore, I do not wish to go on with the FIR filed by me against them. I say and submit that FIR in question was lodged by me out of desperation, anger and anxiety and therefore I do not want to prosecute the Petitioners any further for the FIR impugned in the present petition.
4. I further say and submit that after lodging the impugned FIR, I realized that a minor dispute has taken a massive shape. After filing the impugned FIR, I realized the nature of hardships and inconvenience, socially and mentally, it will cause to both the sides, if the criminal proceedings continue and both the sides are subjected to rigors of criminal trial, it will immensely affect our future prospects of better life.
5. In the facts and circumstances as narrated above, I at my free will, wish and desire am stating on oath that I do not wish to prosecute the criminal proceedings against the Petitioners as the dispute between us has been amicably settled. I state that the Page 3 of 5 Uploaded by AMAR SINGH(HC01081) on Thu May 07 2026 Downloaded on : Thu May 07 22:15:01 IST 2026 NEUTRAL CITATION R/CR.MA/7519/2026 ORDER DATED: 06/05/2026 undefined F.I.R. filled by me and registered as F.I.R. No. 11208037230005 of 2023 with Kuvadava Road Police Station, Rajkot City for the offences punishable under section 307, 324, 323, 504, 506 (2), 114 of Indian Penal Code and under section 135 of Gujarat Police Act and all proceedings arising there from, may be quashed in the interest of justice."
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 further continuation of the criminal proceedings in relation to the impugned FIR as well as the Sessions Case against the applicants-accused would be nothing but unnecessary harassment to the applicants-accused. It further appears that the trial would be a futile exercise and continuing further with the proceedings pursuant to the impugned FIR as well as the Sessions 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 Sessions Case, so also all other consequential proceedings arising pursuant thereto are Page 4 of 5 Uploaded by AMAR SINGH(HC01081) on Thu May 07 2026 Downloaded on : Thu May 07 22:15:01 IST 2026 NEUTRAL CITATION R/CR.MA/7519/2026 ORDER DATED: 06/05/2026 undefined required to be quashed and set-aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
10. In the result, the application is allowed. The First Information Report No. 11208037230005 of 2023 registered with the Kuvadava Road Police Station, District Rajkot City, for the offences punishable under Sections 307, 324, 323, 504, 506(2), 114 of the Indian Penal Code and under Section 135 of the G.P. Act, as well as the proceedings of the Sessions Case No. 127 of 2023 pending in the Court of the learned 11 th Additional District Judge, District and Sessions Court, Rajkot, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside, qua the present applicants only.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) AMAR SINGH Page 5 of 5 Uploaded by AMAR SINGH(HC01081) on Thu May 07 2026 Downloaded on : Thu May 07 22:15:01 IST 2026