Gujarat High Court
Rishabh Brijendra Sharma vs State Of Gujarat on 22 May, 2026
NEUTRAL CITATION
R/SCR.A/5949/2026 ORDER DATED: 22/05/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5949 of 2026
==========================================================
RISHABH BRIJENDRA SHARMA & ANR.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1,2
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 22/05/2026
ORAL ORDER
1. Learned advocate Mr. D.K. Trivedi 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.11993006260359 of 2026 registered with the Gandhidham 'A' Division Police Station, District - Kachchh, for the offences punishable under Sections 316(4), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, as well as all other consequential proceedings arising Page 1 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:49 IST 2026 NEUTRAL CITATION R/SCR.A/5949/2026 ORDER DATED: 22/05/2026 undefined pursuant thereto.
3. Learned advocate Mr. Maulik Soni appearing for the applicants has submitted that the present application was initially filed on merits. However, during the pendency of the proceedings, the dispute has been amicably settled between the parties. It is further submitted that the applicants have already paid an amount of Rs.1,66,00,000/- and have also given a cheque bearing Cheque No.106617 dated 01.06.2026 for the remaining amount of Rs.8,50,000/- to the respondent no.2 - complainant.
4. Learned advocate Mr. Trivedi appearing for the respondent no.2 - complainant, has tendered a copy of the affidavit of the complainant, namely, Deepak Kishanlal Manuja, dated 21.05.2026 and has produced his identity proof. The same are ordered to be taken on record.
5. Today, when the matter is called out, the complainant is virtually present before this Court and has admitted the contents of his affidavit. He has submitted that he has received the amount of Rs.1,66,00,000/- and a cheque of Rs.8,50,000/-. Page 2 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:49 IST 2026
NEUTRAL CITATION R/SCR.A/5949/2026 ORDER DATED: 22/05/2026 undefined He has further submitted that the dispute between him and the applicants-accused has been amicably resolved and there is no ill-will or any grievance amongst them.
6. 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.
7. 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. Trivedi waives service of notice of rule for and on behalf of the respondent no.2 - complainant.
8. The complainant, who is virtually 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 is quashed and set-aside.
Page 3 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:49 IST 2026
NEUTRAL CITATION R/SCR.A/5949/2026 ORDER DATED: 22/05/2026 undefined
9. The relevant paragraphs of the affidavit filed by the complainant - Deepak Kishanlal manuja, read thus:
"3. I further state that the applicants have agreed to repay the entire disputed amount of ₹1,74,50,000/-.
4. I state that out of the said amount, a sum of ₹1,66,00,000/- has already been credited to my bank account bearing No. 045361900010822 in my full satisfaction.
5. I further state that the applicants have given me a Cheque dated 01.06.2026 for the remaining amount of ₹8,50,000/- bearing Cheque No. 106617 which has been accepted by me.
I, therefore, state that I have no objection if the FIR being C.R. No. I- 1993006260359/2026 registered with Gandhidham "A" Division Police Station, District Kachchh and all consequential proceedings arising therefrom are quashed and set aside by this Hon'ble High Court."
10. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR would be a futile exercise and the same would amount to abuse of process of law.
11. 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 Page 4 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:49 IST 2026 NEUTRAL CITATION R/SCR.A/5949/2026 ORDER DATED: 22/05/2026 undefined 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 continuing further with the criminal proceedings pursuant to the impugned FIR 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 and 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.
12. In the result, the application is allowed. The proceedings of the First Information Report No.11993006260359 of 2026 registered with the Gandhidham 'A' Division Police Station, District - Kachchh, for the offences punishable under Sections 316(4), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, as well as all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set- aside qua the present applicants.
Page 5 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:49 IST 2026
NEUTRAL CITATION R/SCR.A/5949/2026 ORDER DATED: 22/05/2026 undefined
13. Learned advocate Mr. Trivedi appearing for the respondent no.2 - complainant is directed to place on record the original affidavit of the complainant within one week from the date of this order.
14. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) DEEPAK GEHLOT Page 6 of 6 Uploaded by DEEPAK GEHLOT(HC02361) on Fri May 22 2026 Downloaded on : Sat May 23 00:11:49 IST 2026