[Cites 4, Cited by 0]
Gujarat High Court
Shahnavaj @ Lalu Husensha @ Atm Diwan vs State Of Gujarat on 8 April, 2026
Author: Ilesh J. Vora
Bench: Ilesh J. Vora
NEUTRAL CITATION
R/CR.MA/8114/2026 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. 8114
of 2026
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SHAHNAVAJ @ LALU HUSENSHA @ ATM DIWAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DR. HARDIK K RAVAL(6366) for the Applicant(s) No. 1
MR JAY MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA
Date : 08/04/2026
ORAL ORDER
1. Ms. Bhavna D. Acharya, learned advocate states that she has
instructions to appear for the respondent no.2-original complainant
and injured and seeks permission to file Vakalatnama with the
Registry. Permission is granted. Registry is directed to accept the
same.
2. Heard Dr. Hardik K. Raval, learned counsel for the applicant,
Mr. Jay Mehta, learned APP for the respondent State and Ms. Bhavna
D. Acharya, learned counsel for respondent No.2 - original
complainant and injured.
3. Rule. Learned advocates appearing for the respective
respondents waive service of Rule on behalf of the respective
respondents.
4. Considering the issue involved in the present application and
with consent of the learned advocates appearing for the respective
parties as well as considering the fact that the dispute amongst the
applicant and respondent No.2 has been resolved amicably, this
matter is taken up for final disposal forthwith.
NEUTRAL CITATION
R/CR.MA/8114/2026 ORDER DATED: 08/04/2026
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5. By way of this application under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as
"B.N.S.S."), the applicant has prayed for quashing and setting aside
FIR being I-C.R. No.11209056240734 of 2024 registered with "B"
Division Police Station, Himmatnagar, Dist. Sabarkantha, for the
offences punishable under Sections 125, 189, 190, 191, 324, 333,
351 and 352 of B.N.S.S., 2023 and Section 135 of G.P. Act as well as
other consequential proceedings arising thereto.
6. Learned counsel for the respective parties submitted that
during pendency of the criminal proceedings, as referred to above,
the parties have amicably settled their issue by way of mutual
settlement and pursuant to understanding arrived at between them,
the Respondent No.2 as well as injured have accordingly filed
affidavits dated 30.03.2026 respectively, which are on record at
Annexure-D and E (Collectively). The complainant as well as the
injured have categorically stated in the affidavits that the dispute is
resolved between them and they have no objections if the present
proceedings are quashed and there is no surviving grievance
between them.
7. Having heard the learned counsel for the respective parties,
considering the facts and circumstances arising out of the present
applications as well as 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), it appears that further
NEUTRAL CITATION
R/CR.MA/8114/2026 ORDER DATED: 08/04/2026
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continuation of criminal proceedings in relation to the impugned FIR
against the applicants would be unnecessary harassment to the
applicants. It appears that the trial would be futile and further
continuance of the proceedings pursuant to the impugned FIR would
amount to abuse of process of law and Court and hence, to secure
the ends of justice, the impugned FIR and other consequential
proceedings are required to be quashed and set aside in exercise of
powers conferred under Section 482 of the Code.
8. Resultantly, this application is allowed. The impugned FIR
being I-C.R. No.11209056240734 of 2024 registered with "B"
Division Police Station, Himmatnagar, Dist. Sabarkantha as well as
other consequential proceedings are hereby quashed and set aside
qua the applicant. Accordingly, Rule is made absolute. Direct service
is permitted.
(ILESH J. VORA,J)
TAUSIF SAIYED
