[Cites 4, Cited by 0]
Gujarat High Court
Manabhai Govindbhai Rabari vs State Of Gujarat on 15 April, 2026
NEUTRAL CITATION
R/CR.MA/2944/2025 ORDER DATED: 15/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 2944 of 2025
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MANABHAI GOVINDBHAI RABARI & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NIRAV K PADHIYAR(5678) for the Applicant(s) No. 1,2,3,4
NOTICE SERVED TO CONCERNED POLICE STATION HOWEVER,
SERVICE REPORT NOT FILED BY POLICE STATION for the Respondent(s)
No. 2
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 15/04/2026
ORAL ORDER
1. Learned advocate Mr. Jay Shah 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 this application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-
accused have prayed to quash and set aside the FIR being C.R.
No. 11217036250041 of 2025 registered with the Varahi Police
Station, District - Patan, for the offences punishable under
Sections 296(b), 351(2) and 54 of the Bharatiya Nyaya Sanhita,
2023, as well as all other consequential proceedings arising
pursuant thereto qua the applicants.
NEUTRAL CITATION
R/CR.MA/2944/2025 ORDER DATED: 15/04/2026
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3. Today, when the matter is called out, the complainant is
personally present before this Court and has produced the
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 with the applicants has
been amicably resolved 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 between the
parties has been amicably resolved, with the consent of
learned advocates for the respective parties, the present
application is taken up for final disposal.
5. Rule returnable forthwith. Learned APP Mr. Bhargav
Pandya waives service of notice of rule for and on behalf of the
respondent No.1 State. Learned advocate Mr. Jay Shah waives
service of notice of rule for and on behalf of the respondent
No.2- complainant.
6. The complainant, who is personally present in the Court,
has categorically stated that the dispute has been amicably
resolved with the applicants and he has no objection if the FIR is
quashed. Thus, sending the applicants-accused to face the trial
would be a futile exercise.
7. The relevant paragraphs of the affidavit filed by the
complainant read thus:
NEUTRAL CITATION
R/CR.MA/2944/2025 ORDER DATED: 15/04/2026
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"1. I state that I am the original complainant in connection
with FIR being C.R. No. 11217036250041 of 2025
registered with Varahi Police Station, District: Patan, for
the offences punishable under Sections 296(b), 351(2)
and 54 of the Bharatiya Nyaya Sanhita, 2023, and I am
well conversant with the facts of the case.
2. I say and submits that I have filed aforesaid complaint
against the applicants only because of the small
misunderstandings and quarrel with them.
3. I further say and submit that as stated above, due to
indulgence of respected members of society as well as of
elder family members by mutual consent now the matter
is settled.
4. I further say and submits that the dispute between me
and the accused is total private nature and therefore I
have no objection if the impugned FIR may be quashed.
5. I say and submits that both the applicants and the
deponent are from the same community and I have no
grievance against them.
6. I state that the issues between the parties now been
amicably resolved with the intervention of family
members and well-wishers. I state that in view of the
aforesaid settlement and the passage of time, no
grievance or dispute now survives between myself and
the present applicants, and I do not wish to pursue the
matter against the present applicant any further."
8. 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
NEUTRAL CITATION
R/CR.MA/2944/2025 ORDER DATED: 15/04/2026
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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) as well as 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 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 proceedings pursuant
to the impugned FIR would amount to abuse of process of law.
Hence, to secure the ends of justice, the impugned FIR and 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.
9. In the result, the application is allowed. The FIR being
C.R. No. 11217036250041 of 2025 registered with the Varahi
Police Station, District - Patan, for the offences punishable
under Sections 296(b), 351(2) and 54 of the Bharatiya Nyaya
Sanhita, 2023, as well as all other consequential proceedings
arising pursuant thereto are hereby quashed and set aside qua
the present applicants.
10. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
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