[Cites 13, Cited by 0]
Gujarat High Court
Vaghubhai @ Vaghjibhai @ Vishesh ... vs State Of Gujarat on 8 April, 2026
NEUTRAL CITATION
R/CR.MA/20919/2025 ORDER DATED: 08/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 20919 of 2025
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VAGHUBHAI @ VAGHJIBHAI @ VISHESH NARANBHAI DESAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MAHESH POOJARA, LD.ADVOCATE FOR MR.KISHAN
PRAJAPATI(7074) for the Applicant(s) No. 1
MR. VINAY B PATEL(17329) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MS KRINA CALLA, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 08/04/2026
ORAL ORDER
1. Learned advocate Mr.Viral Vyas submits that learned
advocate Mr.Vakhariya 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 preferring the present application under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, the applicant-accused seeks to invoke the inherent
powers of this Court, praying to quash and set-aside the
First Information Report being C.R.No.11191013250077 of
2025 registered with the Krishna Nagar Police Station,
Ahmedabad city, for the offences punishable under Sections
351(3), 308(2), 54 of the Bharatiya Nyaya Sanhita and
under Sections 5, 33(3), 40, 42(d) of Money Lenders Act, as
well as all other consequential proceedings arising pursuant
thereto.
NEUTRAL CITATION
R/CR.MA/20919/2025 ORDER DATED: 08/04/2026
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3. Today, when the matter is called out, learned advocate
Mr.Mahesh Poojara appearing for the applicant has
submitted that initially the matter was filed on merits,
however, during the pendency of the same, the parties have
arrived at an amicable settlement.
4. Today, when the matter is called out, the complainant
and her husband, who are personally present before this
Court, have produced their identity proofs as well as the
affidavits, which are ordered to be taken on record. In the
affidavits, they have categorically stated that the dispute
with the applicant-accused has been amicably resolved and
there is no ill-will or any grievance amongst them.
5. 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.
6. 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.Vakhariya
waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
NEUTRAL CITATION
R/CR.MA/20919/2025 ORDER DATED: 08/04/2026
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7. Learned advocate for the applicant-accused has
submitted that since the dispute has been amicably
resolved between the parties, the application may be allowed
and the impugned FIR may be quashed and set-aside.
8. The complainant and her husband, who are personally
present in the Court, have categorically stated that they
have no objection if the application is allowed and the
impugned FIR is quashed and set-aside. Thus, it appears
from the aforesaid that sending the applicant-accused to
face the trial would be nothing but a futile exercise and
would amount to abuse of process of law.
9. The relevant paragraphs of the affidavit of the
complainant, read thus :
"1. I say and submit that I am the original
complainant in the FIR No. 11191013250077 of 2025
registered before Krishna Nagar Police Station,
Ahmedabad for the offence punishable under section
351(3), 308(2), 54 of IPC and section 5, 33(3), 40, 42
(d) of Money Lenders Act.
2. I say and submit that after registration of the
above FIR both sides have sit together and as we all
are residence of nearby area and known to each
other, we have decided to settle the dispute and even
qua main accused namely Mehta Mehul
Narendrabhai also dispute is resolved and
NEUTRAL CITATION
R/CR.MA/20919/2025 ORDER DATED: 08/04/2026
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Agreement to sell executed in his favour by my
husband is also reversed by him and we have also
repaid his amount back and therefore now there is no
dispute remain between us and therefore if this
Hon'ble court will quash and set aside the FIR I have
no any objection.
3. I say and submit that after registration of the
above FIR the dispute between us is amicably
resolved and therefore now there is no dispute
remain between us so if this Hon'ble court will quash
the FIR, I have no any objection."
10. The relevant paragraphs of the affidavit of the witness
(husband of the complainant), read thus :
"1. I say and submit that my wife has lodge the FIR
being FIR NO. 11191013250077 of 2025 registered
before Krishna Nagar Police Station, Ahmedabad for
the offence punishable under section 351(3), 308(2),
54 of IPC and section 5, 33(3), 40, 42 (d) of Money
Lenders Act.
2. I say and submit that after registration of the
above FIR both sides have sit together and as we all
are residence of nearby area and known to each
other we have decided to settle the dispute and even
qua main accused namely Mehta Mehul
Narendrabhai also dispute is resolved and
Agreement to sell executed in his favour by me is also
reversed and I have also repaid his amount back and
therefore now there is no dispute remain between us
NEUTRAL CITATION
R/CR.MA/20919/2025 ORDER DATED: 08/04/2026
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and therefore if this Hon'ble court will quash and
aside the FIR I have no any objection.
3. I say and submit that after registration of the
above FIR the dispute between us is amicably
resolved and therefore now there is no dispute
remain between us so if this Hon'ble court will quash
the FIR, I have no any objection."
11. 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, 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 against the
applicant-accused would be an unnecessary harassment to
the applicant-accused. It further appears that the trial
would be a futile exercise and further continuing with the
proceedings pursuant to the impugned FIR would amount
to abuse of process of law. Hence, to secure the ends of
NEUTRAL CITATION
R/CR.MA/20919/2025 ORDER DATED: 08/04/2026
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justice, the impugned FIR and all other consequential
proceedings are required to be quashed and set aside in
exercise of the powers conferred under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita,
12. In the result, the application is allowed. The
proceedings of the First Information Report being
C.R.No.11191013250077 of 2025 registered with the
Krishna Nagar Police Station, Ahmedabad city, for the
offences punishable under Sections 351(3), 308(2), 54 of the
Bharatiya Nyaya Sanhita and under Sections 5, 33(3), 40,
42(d) of Money Lenders Act, as well as all other
consequential proceedings arising pursuant thereto, are
hereby ordered to be quashed and set-aside.
13. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DIPTI PATEL
