Gujarat High Court
Dharmendra Kanjibhai Machhi vs State Of Gujarat on 15 May, 2026
NEUTRAL CITATION
R/CR.MA/11654/2026 ORDER DATED: 15/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 11654 of 2026
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DHARMENDRA KANJIBHAI MACHHI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.JITAYU H YAGNIK(20826) for the Applicant(s) No. 1
MS MAMTA R VYAS(994) for the Applicant(s) No. 1
MS VRUNDA SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J. SHELAT
Date : 15/05/2026
ORAL ORDER
1. At the outset, Mr. Kaushik Barot, learned Advocate, would state that he has received instructions to appear on behalf of respondent No.2 and he will file his appearance during the course of day. The Registry shall accept his vakalatnama.
2. Heard Mr. Jitayu H. Yagnik, learned Advocate for the applicant, Ms. Vrunda Shah, learned Addl. Public Prosecutor for the respondent No.1, and Mr. Kaushik Barot, learned Advocate for the respondent No.2.
3. RULE. Ms. Vrunda Shah, learned Addl. Public Prosecutor, would waive service of Rule on behalf of respondent No.1 and Page 1 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Fri May 15 2026 Downloaded on : Sat May 16 00:36:42 IST 2026 NEUTRAL CITATION R/CR.MA/11654/2026 ORDER DATED: 15/05/2026 undefined Mr. Kaushik Barot, learned Advocate, waives service of notice of Rule on behalf of respondent No.2.
4. The present petition is filed under Section 528 of the BNSS, seeking the following reliefs:
"(a) YOUR LORDSHIPS be pleased to quash the First Information Report bearing C. R. No 11191004260348/2026 registered with the Amraivadi Police Station, Ahmedabad City in exercise of the inherent powers of this Hon'ble Court under Section 528 of BNSS.
(b) YOUR LORDSHIPS be pleased to stay the further proceedings arising from First Information Report bearing C. R. No 11191004260348/2026 registered with the Amraivadi Police Station, Ahmedabad City and further be pleased to issue direction of no coercive steps against petitioner, pending admission, hearing and final disposal of the petition.
(c) YOUR LORDSHIPS be pleased to grant such other and further relief as may be deemed fit in the interest of justice."
5. The respondent No.2 appears to have filed complaint being CR No 11191004260348/2026 under Sections 316(3), 318(2) of BNS and Section 66 of the information Technology Amendment Act 2008 before the Amraivadi Police Station, Ahmedabad City, against the applicant.
6. Prima facie, it appears that there is a commercial transaction between the parties and they have inter se settled the dispute. Page 2 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Fri May 15 2026 Downloaded on : Sat May 16 00:36:42 IST 2026
NEUTRAL CITATION R/CR.MA/11654/2026 ORDER DATED: 15/05/2026 undefined The respondent No.2 - original complainant, who has joined through video conferencing and identified by Mr. Barot, learned Advocate for the respondent No.2, confirmed that he has no objection if this Court will quash the impugned complaint. The complainant has also tendered the affidavit in this regard, which is taken on record.
7. Upon asking, Ms. Vrunda Shah, learned Addl. Public Prosecutor, would confirm that there is no antecedent of the present applicant.
8. Having heard learned Advocates appearing for the respective parties and taking note of the fact that the dispute is amicably settled between the parties and the complainant has no objection if this Court will quash the impugned complaint, as well as 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), it appears that further continuation Page 3 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Fri May 15 2026 Downloaded on : Sat May 16 00:36:42 IST 2026 NEUTRAL CITATION R/CR.MA/11654/2026 ORDER DATED: 15/05/2026 undefined of criminal proceedings in relation to the impugned FIR against the applicant/petitioner would be unnecessary harassment to the applicant/petitioner. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside.
9. In view of the aforesaid, FIR being C.R. No. 11191004260348/2026 registered with Amraivadi Police Station, Ahmedabad City dated 30.4.2026 is hereby quashed and set aside along with all consequential proceedings arising therefrom qua the present petitioner. The jail authority concerned is directed to release the petitioner forthwith, if he is in jail and not required in connection with any other offence.
10. Accordingly, present Criminal Misc. Application is allowed.
Rule is made absolute, to the aforesaid extent. Direct service is permitted.
(MAULIK J. SHELAT,J) NILESH Page 4 of 4 Uploaded by MR. NILESHKUMAR RAMESHBHAI PARMAR(HCD0068) on Fri May 15 2026 Downloaded on : Sat May 16 00:36:42 IST 2026