Gujarat High Court
Gaurav Prakashchand Jain vs State Of Gujarat on 7 May, 2026
NEUTRAL CITATION
R/CR.MA/11072/2026 ORDER DATED: 07/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 11072 of 2026
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GAURAV PRAKASHCHAND JAIN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MR. RONAK RAVAL, APP for the Respondent(s) No. 1
MR. JESAL B. MAIWALA for the Respondent No.2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 07/05/2026
ORAL ORDER
1. The present application is filed for quashment of FIR being I-CR No.62 of 2016 registered at Pandesara Police Station, District: Surat.
2. Rule returnable forthwith. Learned APP waives service of Rule on behalf of the Respondent State.
3. At the outset, it is submitted by learned advocates for the respective parties that dispute is amicably resolved between the parties and complainant has given consent to quash the FIR qua the present applicant. Learned advocate Mr. Jesal B. Maiwala appearing for the respondent no.2 has supported the submission of the Page 1 of 5 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Thu May 07 2026 Downloaded on : Thu May 07 22:58:39 IST 2026 NEUTRAL CITATION R/CR.MA/11072/2026 ORDER DATED: 07/05/2026 undefined learned advocate for the applicant and drawn the attention of this Court upon the affidavit of the complainant which is at page-10. It is also submitted that there are no other victims and no other antecedents similar in nature.
4. This Court has noted the presence of the complainant through video conference and has referred the affidavit of the complainant at page-10, which is reproduced hereinbelow:
"1. I am the Original Complainant herein, I am fully conversant with the Facts and Circumstances of the case and I am duly competent to file this Affidavit.
2. I say that I have gone through the Memo of Petition and the Facts and Grounds stated in the Memo of Petition are not disputed by me. At the outset I say and submit that the disputes and grievances of both the sides have been amicably settled and I do not wish to prosecute the petitioners any further with respect to the F.I.R. dated 18.03.2016 being C.R. No. 62 of 2016 registered with Pandesara Police Station, District: Surat for the offence punishable Under Section 406, 420, 409, 120-B, 114 and 411 of the Indian Penal Code, 1860 as well as for Quashing of Charge Sheet and Criminal Case No. 59840 of 2022 which is pending before the Ld. 8th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, at Surat, District: Surat and the other consequential proceeding arising out of the same F.I.R.;
3. I say that the there was no enmity between myself and the Present Petitioner. I say that I have settled the dispute Page 2 of 5 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Thu May 07 2026 Downloaded on : Thu May 07 22:58:39 IST 2026 NEUTRAL CITATION R/CR.MA/11072/2026 ORDER DATED: 07/05/2026 undefined with them and I do not wish to rather prosecute the F.I.R. against Petitioner because both family members realized there mistake.
4. I say that after registration of the impugned F.I.R., a meeting took place between my family and me members in presence of common friends and well wishers and the misunderstanding between us got cleared. Accordingly, the matter has been resolved and an amicable settlement has been arrived at between the parties so as to maintain harmony, peaceful and healthy personal relationships in future. In view of amicable settlement, I have also agreed to support the Petitioner in respect of prosecution initiated against the petitioners on the basis of impugned F.I.R. and as per the mutual understanding and settlement, I have agreed to give consent for quashing of impugned F.I.R. and other proceedings, Thus, I do not want to prosecute the impugned FIR and other proceedings against the all Petitioner.
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 with petitioners as the dispute between us has been amicably settled. I state that F.I.R. dated 18.03.2016 being C.R. No. 62 of 2016 registered with Pandesara Police Station, District: Surat for the offence punishable Under Section 406, 420, 409, 120-B, 114 and 411 of the Indian Penal Code, 1860 as well as for Quashing of Charge Sheet and Criminal Case No. 59840 of 2022 which is pending before the Ld. 8th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, at Surat, District: Surat and the other consequential proceeding arising out of the same F.I.R. kindly be quashed. "
5. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as Page 3 of 5 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Thu May 07 2026 Downloaded on : Thu May 07 22:58:39 IST 2026 NEUTRAL CITATION R/CR.MA/11072/2026 ORDER DATED: 07/05/2026 undefined well as taking into consideration the decisions rendered by the Apex Court 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), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. I have also considered the latest decision of the Apex Court in the case of 'Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat', Criminal Appeal No.1723 of 2017, dated 4.10.2017 and the guidelines issued by the Apex Court in the said decision, particularly Paragraph-15, thereof. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. It appears that the trial would be futile and further Page 4 of 5 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Thu May 07 2026 Downloaded on : Thu May 07 22:58:39 IST 2026 NEUTRAL CITATION R/CR.MA/11072/2026 ORDER DATED: 07/05/2026 undefined continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
6. In view of the above, the impugned FIR being I-CR No.62 of 2016 registered at Pandesara Police Station, District: Surat is quashed. Accordingly, all the consequential proceedings are hereby quashed and set aside. Rule is made absolute.
(M. K. THAKKER,J) AMIT ITALIAN Page 5 of 5 Uploaded by AMIT DAHYABHAI ITALIAN(HCW0112) on Thu May 07 2026 Downloaded on : Thu May 07 22:58:39 IST 2026