[Cites 11, Cited by 0]
Gujarat High Court
Mayurbhai Babubhai Dangar vs State Of Gujarat on 16 April, 2026
NEUTRAL CITATION
R/CR.MA/8581/2026 ORDER DATED: 16/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 8581
of 2026
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MAYURBHAI BABUBHAI DANGAR & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MAHESH POOJARA, ADVOCATE FOR MR ASHISH M DAGLI(2203) for
the Applicant(s) No. 1,2
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 16/04/2026
ORAL ORDER
1. Learned advocate Mr. Abhishek Khuman appears and
submits that he has instructions to appear on behalf of the
respondent no.2 - original complainant. He is permitted to file
his appearance. Registry shall accept his vakalatnama as and
when the same is filed.
2. By way of preferring the present application under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the
applicants-accused seek to invoke the inherent powers of this
Court, praying to quash and set-aside the First Information
Report No. 11189003231262 of 2023 registered with the 'A'
Division Morbi City Police Station, Morbi, for the offences
punishable under Sections 384, 323, 504, 506(2), 114 of the
NEUTRAL CITATION
R/CR.MA/8581/2026 ORDER DATED: 16/04/2026
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Indian Penal Code and under Section 40, 42 of the Gujarat
Money Lenders Act; as well as the charge-sheet and the
proceedings of the Criminal Case No. 407 of 2024, so also all
other consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant,
who is personally present before this Court, has produced his
identity proof as well as submitted his affidavit. The same are
ordered to be taken on record. In the said affidavit, the
complainant has categorically stated that with the intervention
of the friends, family members and community people, the
dispute with the present 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 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 Mr. Tirthraj
Pandya waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Mr. Abhishek
Khuman waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
6. Learned advocate for the applicants-accused has
NEUTRAL CITATION
R/CR.MA/8581/2026 ORDER DATED: 16/04/2026
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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 complainant, who is personally present in the Court,
has categorically stated before this Court that he has no
objection if the application is allowed and the 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 filed by the
complainant - Yashbhai Bhimjibhai Rangpariya, read thus :
"3. I say and submit that at present dispute between applicants
and myself came to be amicably resolved, now no ill will
grievances exists amongst us, under these set of circumstances,
if the Hon'ble Court pleased to quash the F.I.R qua the applicant,
I've no objection.
4. I've borrowed Rs. 5 lac from applicants no. 1 and I have
repaid him Rs. 3 lac only as he has waived off Rs. 2 lac and
further even no interest has been charged from me and
furthermore even he has also returned me two cheques, which I
had given him for security purpose and that is how matter has
been amicably resolved between us.
5. I say and submit that I have borrowed Rs. 8 lac from
applicants no. 2 and I have repaid him Rs. 5 lac only as he has
waived off Rs. 3 lac and further even no interest has been
charged from me and furthermore even he has also returned me
two cheques, which I had given him for security purpose and that
is how matter has been amicably resolved between us and
account is also settled.
NEUTRAL CITATION
R/CR.MA/8581/2026 ORDER DATED: 16/04/2026
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6. I further say that in view of this amicable settlement, if
Hon'ble Court please quash the F.I.R as well as Criminal Case
No. 407 of 2024 pending before the Taluka Court, Morbi qua
present applicants by exercising its power u/s 528 of BNSS, I've
no objection."
9. 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
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 further continuation of the criminal proceedings in
relation to the impugned FIR, the chargesheet and the Criminal
Case against the applicants-accused would be nothing but
unnecessary harassment to the applicants-accused. It further
appears that the trial would be a futile exercise and continuing
further with the proceedings pursuant to the impugned FIR, the
charge-sheet and the Criminal Case would amount to abuse of
process of law. Hence, to secure the ends of justice, the
impugned FIR, the chargesheet 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-
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R/CR.MA/8581/2026 ORDER DATED: 16/04/2026
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aside in exercise of the powers conferred under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
10. In the result, the application is allowed. The First
Information Report No. 11189003231262 of 2023 registered
with the 'A' Division Morbi City Police Station, Morbi, for the
offences punishable under Sections 384, 323, 504, 506(2), 114
of the Indian Penal Code and under Section 40, 42 of the
Gujarat Money Lenders Act; as well as the charge-sheet and the
proceedings of the Criminal Case No. 407 of 2024, so also all
other consequential proceedings arising pursuant thereto are
hereby ordered to be quashed and set-aside, qua the present
applicants only.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
AMAR SINGH
