[Cites 5, Cited by 0]
Gujarat High Court
Vansol Ravikumar S/O Gautambhai ... vs State Of Gujarat on 10 April, 2026
NEUTRAL CITATION
R/CR.MA/8170/2026 ORDER DATED: 10/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 8170 of 2026
==========================================================
VANSOL RAVIKUMAR S/O GAUTAMBHAI BECHARBHAI THRO PARMAR
GAUTAMBHAI BECHARBHAI & ANR.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1,2
MR MANAN MAHETA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 10/04/2026
ORAL ORDER
1. Learned advocate Mr. Piyush B. Trivedi 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
applicants-accused have prayed to quash and set-aside the
First Information Report No.11206062250366 of 2025
registered with the Satlasana Police Station, District - Mehsana,
for the offences punishable under Sections 137(2), 75(2),
309(4), 54, 352, 351(2) and 351(3) of the Bharatiya Nyaya
NEUTRAL CITATION
R/CR.MA/8170/2026 ORDER DATED: 10/04/2026
undefined
Sanhita, 2023, and under Sections 12 and 17 of the POCSO
Act, as well as charge-sheet and the proceedings of the
Criminal Case Juvenile No.129 of 2025 pending before the
learned 13th Additional Civil Judge and Judicial Magistrate, First
Class, Mehsana, so also all other consequential proceedings
arising pursuant thereto.
3. Today, when the matter is called out, both the
complainant and the victim are personally present before this
Court. The complainant and the victim through her father have
filed their affidavits and have produced their identity proofs,
which are ordered to be taken on record. In the said affidavit,
the complainant and the victim have categorically stated that
the dispute has been amicably resolved between the parties
and there is no ill-will or any grievance amongst them.
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.
NEUTRAL CITATION
R/CR.MA/8170/2026 ORDER DATED: 10/04/2026
undefined
5. RULE returnable forthwith. Learned APP Mr. Manan
Maheta waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Mr. Piyush
Trivedi waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
6. The complainant and the victim, who are personally
present before this Court, have categorically stated before this
Court that the dispute has been amicably resolved and they
have no objection if the application is allowed and the
impugned FIR as well as the proceedings of the criminal case
are quashed and set-aside.
7. The relevant paragraphs of the affidavit filed by the
complainant - Ganpatbhai Ranchhodbhai Bhikhabhai Parmar,
read thus :
"2. I state and submit that post lodgment of the FIR, now a
development has so occurred that an amicable settlement has
been arrived at between me, the victim aged about 17 years and
the applicants, upon intervention of the elders of the family,
friends and commonly known persons and the incident has
occurred out of a misunderstanding. In view of such settlement, if
the impugned FIR and other consequential proceedings are
quashed and set aside, I and the victim have no objection rather I
give my free consent for quashment of the same.
3. I state and submit that the settlement has been arrived at
amicably without there being any coercion or force. I therefore,
reiterate that if FIR registered against the applicants is quashed, I
NEUTRAL CITATION
R/CR.MA/8170/2026 ORDER DATED: 10/04/2026
undefined
and the victim have no objection."
8. The relevant paragraphs of the affidavit filed by the
victim - XYZ d/o Arvindkumar Ganeshbhai Parmar, read
thus :
"2. I state and submit that post lodgment of the FIR, now a
development has so occurred that an amicable settlement has
been arrived at between me, the informant, and the applicants,
upon intervention of the elders of the family, friends and commonly
known persons and the incident has occurred out of a
misunderstanding. In view of such settlement, if the impugned FIR
and other consequential proceedings are quashed and set aside, I
have no objection rather I give my free consent for quashment of
the same.
3. I state and submit that the settlement has been arrived at
amicably without there being any coercion or force. I therefore,
reiterate that if FIR registered against the applicants is quashed, I
have no objection."
9. Thus, it appears from the aforesaid that to continue
further with the criminal proceedings pursuant to the
impugned FIR as well as the criminal case would be a futile
exercise and the same would amount to abuse of process
of law.
10. 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
NEUTRAL CITATION
R/CR.MA/8170/2026 ORDER DATED: 10/04/2026
undefined
Singh vs. State of Punjab & Another, 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 & 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 criminal 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 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 Bharatiya Nagarik Suraksha Sanhita, 2023.
11. In the result, the application is allowed. The proceedings
of the First Information Report No.11206062250366 of 2025
registered with the Satlasana Police Station, District - Mehsana,
for the offences punishable under Sections 137(2), 75(2),
NEUTRAL CITATION
R/CR.MA/8170/2026 ORDER DATED: 10/04/2026
undefined
309(4), 54, 352, 351(2) and 351(3) of the Bharatiya Nyaya
Sanhita, 2023, and under Sections 12 and 17 of the POCSO
Act, as well as charge-sheet and the proceedings of the
Criminal Case Juvenile No.129 of 2025 pending before the
learned 13th Additional Civil Judge and Judicial Magistrate, First
Class, Mehsana, so also all other consequential proceedings
arising pursuant thereto, are hereby ordered to be quashed
and set-aside qua the present applicants.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DEEPAK GEHLOT
