[Cites 14, Cited by 0]
Gujarat High Court
Ajay Hiranand Raghani vs State Of Gujarat on 2 April, 2026
NEUTRAL CITATION
R/CR.MA/7399/2026 ORDER DATED: 02/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 7399 of 2026
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AJAY HIRANAND RAGHANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. USAMAH I. GANDHI(19578) for the Applicant(s) No. 1
MS. KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 02/04/2026
ORAL ORDER
1. Learned advocate Mr. Tahir S. Saiyed appears and
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
applicant-accused has prayed to quash and set-aside the First
Information Report No.11191046230259 of 2023 registered
with the Airport Police Station, District - Ahmedabad City, for
the offences punishable under Sections 323, 427, 294(b) and
506(2) of the Indian Penal Code, 1860, under Section 135(1) of
NEUTRAL CITATION
R/CR.MA/7399/2026 ORDER DATED: 02/04/2026
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the Gujarat Police Act, and under Sections 3(1)(r), 3(1)(s) and
3(2)(va) of the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, as well as the proceedings
of the Special ATRO Case No.128 of 2023 pending before the
learned trial Court, so also all other consequential proceedings
arising pursuant thereto.
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 that the dispute between him and the
applicant-accused has been amicably resolved and there is no
ill-will or any grievance amongst them. He has also submitted
that he has not received any amount from the Government as
compensation.
4. Considering the issue involved in the present application
as well as considering the fact that the dispute has been
amicably resolved with the applicant, with the consent of the
learned advocates appearing for the respective parties, the
present application is taken up for final disposal.
NEUTRAL CITATION
R/CR.MA/7399/2026 ORDER DATED: 02/04/2026
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5. 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. Tahir Saiyed
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 Special ATRO Case are quashed and
set-aside.
7. The relevant paragraphs of the affidavit filed by the
complainant - Jayesh Jayantibhai Rathva, read thus :
"2. I state that the petitioners, myself the complaint all are known to each
other. Therefore, upon the intervention of the family members, elderly and
respected persons of the society, community members and relatives, an
amicable settlement has arrived at between the complainant and the
accused petitioner and since the offences alleged against each other are
personal in nature and not affecting any interest of the state government,
it has been agreed to compromise the dispute including the impugned
complaint filed by me and all the subsequent consequential proceedings
that have arisen pursuant to the filing of the complaint. It is stated that
dispute and grievance of both the sides have been amicably settled and I
do not want to prosecute the applicants for the impugned F.I.R.
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R/CR.MA/7399/2026 ORDER DATED: 02/04/2026
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3. Therefore, I accord my consent to this Hon'ble Court to quash the
criminal complaint being FIR No. 11191046230259 dated 21.06.2023
under sections 323, 427, 294(b) and 506 (2) of the Indian Penal Code and
under section 135 (1) of G. P. Act and under section 3 (1) (r), 3 (1) (s) and
3 (2) (va) of Scheduled Castes and Scheduled Tribes Prohibition Act
(Prevention of Atrocities Act) registered with Airport Police Station,
Ahmedabad and all supplemental, incidental and consequential
proceedings arising pursuant to the said F.I.R. and therefore, it is urged
that the present petition preferred by the petitioners may kindly be
entertained and allowed.
4. I further state that in the above captioned matter that the parties to the
matter have arrived at an amicable settlement and as the matter is settled
between the parties by mutual consent I hereby state that I, The
complainant has not received any compensation for the above stated
offence under any victim compensation scheme and if by any chance I do
receive any compensation for the impugned offence under any Victim
Compensation Scheme I am liable to return it to the concerned
Authorities.
5. I hereby undertake and state that as the matter is settled between the
parties by way of mutual consent I hereby waive off and surrender my
rights to receive any benefit/ compensation under any Victim
Compensation Scheme as the matter is settled with the petitioners by
mutual consent. "
8. Thus, it appears from the aforesaid that to continue
further with the proceedings pursuant to the impugned FIR
as well as the Special ATRO 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
NEUTRAL CITATION
R/CR.MA/7399/2026 ORDER DATED: 02/04/2026
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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
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 as well as
the Special ATRO 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 Special ATRO 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. 11191046230259 of 2023
registered with the Airport Police Station, District - Ahmedabad
City, for the offences punishable under Sections 323, 427,
NEUTRAL CITATION
R/CR.MA/7399/2026 ORDER DATED: 02/04/2026
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294(b) and 506(2) of the Indian Penal Code, 1860, under
Section 135(1) of the Gujarat Police Act, and under Sections
3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989, as well
as the proceedings of the Special ATRO Case No.128 of 2023
pending before the learned trial Court, so also all other
consequential proceedings arising pursuant thereto, are
hereby ordered to be quashed and set-aside qua the present
applicant.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DEEPAK GEHLOT
