[Cites 11, Cited by 0]
Gujarat High Court
Rabari Pravinbhai Nagajibhai vs State Of Gujarat on 1 April, 2026
NEUTRAL CITATION
R/CR.MA/24072/2025 ORDER DATED: 01/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
24072 of 2025
==========================================================
RABARI PRAVINBHAI NAGAJIBHAI & ANR.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS HONEY RAVAL, LD. ADVOCATE FOR MR. MAULIK M SONI(7249) for
the Applicant(s) No. 1,2
MR VIRAL K RANA(12481) for the Respondent(s) No. 2
MS KRINA CALLA, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 01/04/2026
ORAL ORDER
1. By way of preferring the present application under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, the applicants- original accused seek to invoke the
inherent powers of this Court, praying to quash and set-
aside the First Information Report being
C.R.No.11201002240005 of 2024 registered with the CID
Crime Ahmedabad Zone Police Station, Ahmedabad city, for
the offences punishable under Sections 465, 467, 468, 471,
474, 114, 120(B), 201 of the Indian Penal Code; the charge
sheet as well as the proceedings of the Criminal Case
No.99712 of 2025 pending before the learned Chief Judicial
Magistrate, Ahmedabad city, so also all other consequential
proceedings arising pursuant thereto.
NEUTRAL CITATION
R/CR.MA/24072/2025 ORDER DATED: 01/04/2026
undefined
2. Today, when the matter is called out, the original
complainant is virtually present before this Court and her
advocate has produced her identity proof as well as the
affidavit, which are ordered to be taken on record. In the
affidavit, the complainant has categorically stated that with
the intervention of the friends, family members and
community people, the dispute between her and the
applicants- accused has been amicably resolved and there
is no ill-will or any grievance amongst them. Therefore, she
does not want to proceed further with the criminal
proceedings pursuant to the impugned FIR and the
Criminal Case against the present applicants.
3. 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.
4. 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 Mr.V.K.Rana
waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
NEUTRAL CITATION
R/CR.MA/24072/2025 ORDER DATED: 01/04/2026
undefined
5. 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, the charge-sheet as well as the
proceedings of the criminal case may be quashed and set-
aside.
6. The original complainant, who is virtually present has
categorically stated before this Court that she has no
objection if the application is allowed and the impugned
FIR; the charge-sheet as well as the proceedings of the
Criminal 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.
7. The relevant paragraphs of the affidavit of the original
complainant dated 11.11.2025, read thus :
"1. I am the respondent no.2-orig. complainant in the
memo of petition and 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
NEUTRAL CITATION
R/CR.MA/24072/2025 ORDER DATED: 01/04/2026
undefined
respect to the F.I.R. being C.R.No. 11201002240005
of 2024 filed before the CID Crime Ahmedabad Zone
Police Station, Dist.: Ahmedabad for the offences
punishable under sections 465, 467, 468, 471, 474,
114,120(b), 201 of the IPC as well as quashing of
charge sheet and Criminal Case no. 99712 of 2025
pending before Ld. Chief Judicial Magistrate,
Ahmedabad City and consequential proceeding
arising out of FIR.
3. I say that the there was no enmity between myself
and the present petitioners. I say that I have settled
the dispute with them and I do not wish to rather
prosecute the FIR against petitioners.
4. I say that after registration of the impugned FIR, a
meeting took place between my family and members
of the society 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
petitioners in respect of prosecution initiated against
the petitioners on the basis of impugned FIR and as
per the mutual understanding and settlement, I have
agreed to give consent for quashing of impugned FIR
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
NEUTRAL CITATION
R/CR.MA/24072/2025 ORDER DATED: 01/04/2026
undefined
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. being
C.R.No. 11201002240005 of 2024 filed before the
CID Crime Ahmedabad Zone Police Station, Dist.:
Ahmedabad for the offences punishable under
sections 465, 467, 468, 471, 474, 114,120(b), 201 of
the IPC as well as quashing of charge sheet and
Criminal Case no. 99712 of 2025 pending before Ld.
Chief Judicial Magistrate, Ahmedabad City and
consequential proceeding arising out for the
petitioners may kindly be quashed.
અમે ફરિયાદીને આ કામના અરજદારો વચ્ચે કોઈ પણ જાતની ધમકી, દબાણ
વગર અને અમારા મુક્ત સમંતિથી રાજી-ખુશી સમાધાન થઇ ગયેલ છે. અમો
દ્વારા સમાધાન અમારા રાજી-ખુશીથી મુક્ત સમંતિથી કરેલ છે અને આ કામના
અરજદારો વિરુદ્ધ ઉપર જણાવેલ એફ.આઈ.આર તેમજ તે લાગત તમામ
કાર્યવાહી નામદાર હાઈકોર્ટ દ્વારા રદ કરવામાં આવે તો તેમાં અમોને કોઈ વાંધો
કે તકરાર નથી કે ભવિષ્યમાં વાંધો કે તકરાર લઈશું નહિ."
8. The relevant paragraphs of the further affidavit of the
original complainant dated 07.03.2026, read thus :
"અમો સોગંદનામુ કરનાર અને આ કામના અરજદારો વચ્ચે રાજીખુશીથી સમાધાન
થઈ ગયેલ છે. વધુમાં સદર મિલકતની તકરાર બાબતે આ કામના અરજદાર અને
અમો ફરિયાદી દ્વારા સદર બાનાખત રદ્દ કરવામાં આવેલ છે અને બંને દાવા પણ
બંને પક્ષકારો ની સંમતીથી વિદ્રો કરેલ છે આથી આ કામના આરોપીઓ ઉપર
NEUTRAL CITATION
R/CR.MA/24072/2025 ORDER DATED: 01/04/2026
undefined
હાલની ફરિયાદ નામદાર હાઈકોર્ટ દ્વારા રદ્દ કરવામા આવે તો તેમા અમોને વાંધો
તકરરા નથી જે આ સોંગદનામુ કરી જાહેર કરીએ છે."
9. Having heard learned counsel appearing for the
respective parties, as well as considering the facts and
circumstances arising out of the present application and
also 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) and State of Haryana Vs. Bhajanlal reported in AIR
1992 SC 604, it appears that continuing further with the
criminal proceedings in relation to the impugned FIR, the
charge-sheet as well as the Criminal Case against the
applicants-accused would be an unnecessary harassment to
the applicants-accused. It further appears that the trial
would be a futile exercise and further continuing with the
proceedings pursuant to the impugned FIR, the charge-
sheet as well as the Criminal Case would amount to abuse
of process of law. Hence, to secure the ends of justice, the
impugned FIR, the charge-sheet as well as the proceedings
of the Criminal Case, so also all other consequential
proceedings arising pursuant thereto are required to be
NEUTRAL CITATION
R/CR.MA/24072/2025 ORDER DATED: 01/04/2026
undefined
quashed and set aside in exercise of the powers conferred
under Section 528 of the of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
10. In the result, the application is allowed. The First
Information Report being C.R.No.11201002240005 of 2024
registered with the CID Crime Ahmedabad Zone Police
Station, Ahmedabad city, for the offences punishable under
Sections 465, 467, 468, 471, 474, 114, 120(B), 201 of the
Indian Penal Code; the charge sheet as well as the
proceedings of the Criminal Case No.99712 of 2025 pending
before the learned Chief Judicial Magistrate, Ahmedabad
city, so also all other consequential proceedings arising
pursuant thereto, are hereby ordered to be quashed and
set-aside.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DIPTI PATEL
