Makbulhusain Gulamnabi Mamu vs State Of Gujarat on 8 April, 2026

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                              R/CR.MA/8096/2026                                     ORDER DATED: 08/04/2026

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                                       IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 8096
                                                   of 2026

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                                             MAKBULHUSAIN GULAMNABI MAMU & ORS.
                                                           Versus
                                                  STATE OF GUJARAT & ANR.
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                        Appearance:
                        DR. HARDIK K RAVAL(6366) for the Applicant(s) No. 1,2,3,4,5,6
                        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 Ms.Bhavna D. Acharya appears and submits that she has instructions to appear on behalf of the respondent No.2 - original complainant. She is permitted to file her appearance. Registry shall accept her vakalatnama.

2. 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.I- 11209056240734 of 2024 registered with the Himatnagar "B" Division Police Station, Sabarkantha, for the offences punishable under Sections 125, 189, 190, 191, 324, 333, 351, 352 of the Bharatiya Nyaya Sanhita, 2023 and under Section 135 of the Gujarat Police Act; the charge sheet as well as the proceedings of the Criminal Case No.10143 of

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2024 pending before the learned 2nd Additional Judicial Magistrate First Class, Himatnagar, so also all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the original complainant, who is personally present before this Court, has produced his identity proof, which is ordered to be taken on record. He has filed an affidavit, which is annexed as Annexure "D" to the application. In the affidavit, the complainant has categorically stated that with the intervention of the friends and community people, the dispute between him and the applicants- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, he does not want to proceed further with the criminal proceedings pursuant to the impugned FIR and the Criminal Case against the present applicants.

4. 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.

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 Ms.Bhavna D.

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Acharya waives service of notice of rule for and on behalf of the respondent no.2 - complainant.

6. 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.

7. The original complainant, who is present in the Court, has categorically stated before this Court that he 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.

8. The relevant paragraphs of the affidavit of the original complainant, read thus :

"1. I say and submit that I am the first informant and at my instance the FIR came to be registered vide I-CR No. No. 11209056240734 of 2024 registered with "B"

Division Police Station, Himatnagar, Sabarkantha, for the offences punishable u/s. 125, 189, 190, 191, 324, 333, 351 and 352 of IPC and u/s. 135 of GP Act, Dt. 02/08/2024, therefore I am aware about the facts of the case and filing this affidavit in support of the application.

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2. At the outset I say and submit that I am filing this Affidavit in support of the application. I say and submit that after registration of the aforesaid FIR and during the pendency of the trial, I have settled the dispute with the applicants with the intervention of the leaders and frontrunners of our locality and therefore I have decided not to proceed with the present case.

3. I further submit that as I have realized that the issue was trivial in nature and as the same has already been settled amicably because of the interference of the members of our locality and we have decided to solve the disputes and misunderstanding between us simultaneously.

4. I would further submit that I have settled the dispute amicably as the applicants are known to me and therefore with an intention to have harmonious relationship with the applicants in future I am not willing to proceed with the criminal complaint and I don't even wish proceed with the criminal trial and even thereafter if the case is to proceed further the same would lead to shameful and embarrassing situation therefore, I would prefer not to step in to witness box and to give evidence against the applicants, neither I wish that the precious time of the Hon'ble Court be wasted in a matter which has already been compromised and therefore the impugned FIR as well as further proceedings of Criminal Case No. 10143 of 2024 pending before the Ld. 2nd Additional Judicial Magistrate First Class, Himatnagar may kindly be quashed on the ground of settlement arrived at between me and the applicants.

5. I say and submit that the FIR was filed by me

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therefore, I am filing this affidavit with my free will and consent without there being any undue influence or pressure and I have no objection if the present application is allowed and I would request the Hon'ble Court to quash and set aside the proceedings of Criminal Case No. 10143 of 2024 pending before the Ld. 2nd Additional Judicial Magistrate First Class, Himatnagar, pursuant to the FIR vide I-CR No. No.11209056240734 of 2024 registered with "B" Division Police Station, Himatnagar, Sabarkantha, on the ground of settlement."

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

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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 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.I- 11209056240734 of 2024 registered with the Himatnagar "B" Division Police Station, Sabarkantha, for the offences punishable under Sections 125, 189, 190, 191, 324, 333, 351, 352 of the Bharatiya Nyaya Sanhita, 2023 and under Section 135 of the Gujarat Police Act; the charge sheet as well as the proceedings of the Criminal Case No.10143 of 2024 pending before the learned 2nd Additional Judicial Magistrate First Class, Himatnagar, 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