Gujarat High Court
Kanubhai Ramabhai Rabari vs State Of Gujarat on 6 May, 2026
NEUTRAL CITATION
R/CR.MA/11045/2026 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.
11045 of 2026
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KANUBHAI RAMABHAI RABARI & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HIMANISH J JAPEE(11295) for the Applicant(s) No. 1,2,3,4,5,6,7
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. Nidhi S. Mehta 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 being I-C.R. No. 43 of 2019 registered with the Modasa Town Police Station, District Arvalli, for the offences punishable under Sections 395, 385, 120B, 143, 147, 149, 323, 504, 506(2), 114 of the Indian Penal Code and under Section 135 of the G.P. Page 1 of 6 Uploaded by AMAR SINGH(HC01081) on Thu May 07 2026 Downloaded on : Thu May 07 22:14:58 IST 2026 NEUTRAL CITATION R/CR.MA/11045/2026 ORDER DATED: 06/05/2026 undefined Act as well as the proceedings of the Sessions Case No. 56 of 2023 pending in the Court of the learned Additional District and Sessions Judge, Modasa, District Arvalli, so also all other consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant is personally present before this Court, whereas the injured persons are present before this Court through virtual mode. The complainant and the injured persons have also filed their respective affidavits, which are annexed at Annexure 'B, C and D' to the application. In the said affidavit, the complainant and the victims have categorically stated that with the intervention of the friends, family members and community people, the dispute between the parties 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. Nidhi Mehta waives service of notice of rule for and on behalf of the respondent no.2 - complainant.
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6. Learned advocate for the applicants-accused has 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 and the victims who are present before this Court through virtual mode, have categorically stated before this Court that they have 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 - Faizan Mohammed Megherji, read thus :
"2. I respectfully say and submit that pursuant to the filing of the aforesaid complaint, the dispute is amicably settled with the petitioners. Therefore I do not wish to pursue the said complaint filed against the petitioners. I have no objection if the aforesaid criminal proceedings initiated by me are quashed by this Hon'ble court. I say and submit that the petitioners have given back the possession of the disputed premises which was originally running in the name of my grandmother in 2019 only and since then I am occupying the said premises. The muddamal article of the gold article of Rs. 45,000/- which the original accused no. 2 has allegedly broken away from the neck of the my grandmother is recovered by the police and is in police custody and pursuant to the quashing of the complaint, the said muddamal may be handed over to me. The petitioners have compensated me with Rs. 5,000/- for loss of money which was allegedly taken away by the original accused no.3 and therefore the I as well as the other Page 3 of 6 Uploaded by AMAR SINGH(HC01081) on Thu May 07 2026 Downloaded on : Thu May 07 22:14:58 IST 2026 NEUTRAL CITATION R/CR.MA/11045/2026 ORDER DATED: 06/05/2026 undefined victims have no objection if the present FIR is quashed by the Hon'ble Court.
3. I respectfully say and submit that I have not received any financial assistance from the Government for filing the present complaint.
4. I respectfully say and submit that I have filed the present affidavit without any fear or pressure from anyone. I am not facing any threat or inducement from anyone."
9. The relevant paragraphs of the affidavits filed by the victims - Rakeshkumar Chinuprasad Joshi and Meghareji Mohammedjamal Gulammohammedbhai, read thus :
"1. I respectfully say and submit that I am one of the injured victim of FIR No.- 1/43/2019 of Modasa Town Police Station under Sections 395, 385, 120B, 143, 147, 149, 323, 504, 506(2) AND 114 of IPC and Section 135 of the GPID
2. I respectfully say and submit that pursuant to the filing of the aforesaid complaint, the dispute is amicably settled with the petitioners. Therefore I do not wish to pursue the said complaint filed against the petitioners. I have no objection if the aforesaid criminal proceedings initiated by me are quashed by this Hon'ble court.
3. I respectfully say and submit that I have not received any financial assistance from the Government for filing the present complaint."
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 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 Page 4 of 6 Uploaded by AMAR SINGH(HC01081) on Thu May 07 2026 Downloaded on : Thu May 07 22:14:58 IST 2026 NEUTRAL CITATION R/CR.MA/11045/2026 ORDER DATED: 06/05/2026 undefined 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 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 First Information Report No. being I-C.R. No. 43 of 2019 registered with the Modasa Town Police Station, District Arvalli, for the offences punishable under Sections 395, 385, 120B, 143, 147, 149, 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. 56 of 2023 pending in the Court of the learned Additional District and Sessions Judge, Modasa, District Page 5 of 6 Uploaded by AMAR SINGH(HC01081) on Thu May 07 2026 Downloaded on : Thu May 07 22:14:58 IST 2026 NEUTRAL CITATION R/CR.MA/11045/2026 ORDER DATED: 06/05/2026 undefined Arvalli, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set- aside, qua the present applicants only.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) AMAR SINGH Page 6 of 6 Uploaded by AMAR SINGH(HC01081) on Thu May 07 2026 Downloaded on : Thu May 07 22:14:58 IST 2026