Gujarat High Court
Jayesh Kantilal Vaniya vs State Of Gujarat on 22 May, 2026
NEUTRAL CITATION
R/CR.MA/11926/2026 ORDER DATED: 22/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING)
NO. 11926 of 2026
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JAYESH KANTILAL VANIYA & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK SONI for MR NIMESH M PATEL(6780) for the Applicant(s)
No. 1,2
MR. MANAN MAHETA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 22/05/2026
ORAL ORDER
1. Learned advocate Mr. V.K. Rana submits that he has instructions to appear on behalf of the respondent no.2 - complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.
2. By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused have prayed to quash and set-aside the First Information Report No.11993002260047 of 2026 registered with the Adipur Police Station, District - Kachchh East-Gandhidham, for the offences punishable under Sections 326(g), 109(1) and 54 of the Bharatiya Nyaya Sanhita, 2023, and the charge-sheet no.37 of 2026 as well as the proceedings of the Criminal Case No.1201 of 2026 pending before the 4 th Additional Chief Judicial Magistrate, Gandhidham, so also all other consequential proceedings arising pursuant thereto.
Page 1 of 4 Uploaded by YASH ARORA(HC02369) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:27 IST 2026NEUTRAL CITATION R/CR.MA/11926/2026 ORDER DATED: 22/05/2026 undefined
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 the affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated he has received the settlement amount of Rs.20 lakhs. He has further stated that the dispute between him and the applicants-accused 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 with the applicants, 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 Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 - State and learned advocate Mr. V.K. Rana waives service of notice of rule for and on behalf of the respondent no.2 - complainant.
6. The complainant, who is personally present before this Court, has categorically stated that the dispute has been amicably resolved between the parties and he has no objection if the application is allowed and the impugned FIR as well as the proceedings of the criminal case are quashed and set- aside.
7. The relevant paragraphs of the affidavit filed by the Page 2 of 4 Uploaded by YASH ARORA(HC02369) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:27 IST 2026 NEUTRAL CITATION R/CR.MA/11926/2026 ORDER DATED: 22/05/2026 undefined complainant - Hareshbhai Goipalbhai Bhagat, read thus :
"3. The deponent states that, the applicant has paid 10 lakhs through cash and 2 cheques of 5 lakhs each in the name of Mr. Jayesh and Mr. Prakash has been handed over by the applicant i.e., in total 20 lakhs amount. Hence, by way of the payment as above stated, the applicant has settled the issue with the present deponent and hence, the deponent has no grievance left against the applicant.
4. In view of amicable settlement, I have no objection if the impugned complaint filed against the petitioners and further consequential proceedings thereby, is quashed and set aside. I do not want to prosecute the present petitioners herein and I do not want to proceed further with the FIR bearing no. 11993002260047 of 2026 registered with Adipur Police Station, District East Kutch-Gandhidham, for alleged offences punishable under Sections 326(g), 109(1), and 54 of the Bhartiya Nyaya Sanhita, 2023, dated 29/01/2026.
I am filing this affidavit without any force, coercion or threat and at my free will, wish and desire and with conscious mind."
8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR as well as the criminal case would be a futile exercise and the same would amount to abuse of process of law.
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 Page 3 of 4 Uploaded by YASH ARORA(HC02369) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:27 IST 2026 NEUTRAL CITATION R/CR.MA/11926/2026 ORDER DATED: 22/05/2026 undefined well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it appears that continuing further with the criminal proceedings pursuant to the impugned FIR and the criminal case would be a futile exercise and the same 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 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.
10. In the result, the application is allowed. The proceedings of the First Information Report No.11993002260047 of 2026 registered with the Adipur Police Station, District - Kachchh East-Gandhidham, for the offences punishable under Sections 326(g), 109(1) and 54 of the Bharatiya Nyaya Sanhita, 2023, and the charge-sheet no.37 of 2026 as well as the proceedings of the Criminal Case No.1201 of 2026 pending before the 4 th Additional Chief Judicial Magistrate, Gandhidham , so also all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside qua the present applicants.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) YASH ARORA Page 4 of 4 Uploaded by YASH ARORA(HC02369) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:27 IST 2026