[Cites 2, Cited by 0]
Gujarat High Court
Ahemad Nasir Begawala vs State Of Gujarat on 27 April, 2026
NEUTRAL CITATION
R/CR.MA/9110/2026 ORDER DATED: 27/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION NO. 9110 of 2026
(FOR CONSENT QUASHING)
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AHEMAD NASIR BEGAWALA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KUNAL S SHAH(5282) for the Applicant(s) No. 1
MR TEJAS D SHUKLA(5312) for the Respondent(s) No. 2
MR ROHAN SHAH APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 27/04/2026
ORAL ORDER
1. With the consent of learned advocates appearing
for the parties, present application is taken up
for final disposal today.
2. Rule. Learned advocates appearing for the parties
waive service of notice of Rule.
3. By way of the present application under Section
528 of the Bhartiya Nagrik Suraksha Sanhita, 2023
(for short, the 'BNSS'), the applicant prays for
quashing and setting aside the FIR being C.R.
No.11210050200575/2020 registered with Rander
Police Station, Surat for the alleged offences as
mentioned in the FIR and subsequent proceedings
pursuant filing of the chargsheet.
4. Heard learned advocate, Mr. Kunal Shah for the
applicant, learned APP Mr. Rohan Shah for
respondent no.1 and learned advocate, Mr. Tejas
NEUTRAL CITATION
R/CR.MA/9110/2026 ORDER DATED: 27/04/2026
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Shukla for respondent no.2. I have also heard the
respondent no.2 - complainant, who is present
before this Court through Video Conferencing.
Learned advocate, Mr. Shukla identifies respondent
no.2 and confirms correctness and genuineness of
the affidavit filed by him.
5. When the matter is called out, learned advocates
appearing for the parties have submitted that now
the dispute is amicably settled between the
parties and, therefore, the respondent no.2 has
filed an affidavit before this Court, copy of
which is placed on record at Page No.18. They
further submitted that in fact, the father of the
respondent no.2 has also filed an affidavit, copy
of which is produced on record at Page No.23. Upon
making inquiry, the respondent no.2 has stated
that he has settled the dispute with the present
applicant and, therefore, if the impugned FIR is
quashed, he has no objection.
6. Therefore since now, the dispute with reference to
the impugned FIR is settled and resolved by and
between parties, which is confirmed by the
original complainant through her learned advocate,
the trial would be futile and any further
continuation of proceedings would amount to abuse
of process of law. In view of the above and in
view of the judgment in case of Gian Singh Vs.
State of Punjab & Anr., reported in (2012) 10 SCC
303, Narinder Singh & Ors. Vs. State of Punjab &
Anr., reported in 2014(2) Crime 67 (SC) and
NEUTRAL CITATION
R/CR.MA/9110/2026 ORDER DATED: 27/04/2026
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Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur
& Ors. Vs. State of Gujarat, recorded on Criminal
Appeal No.1723 of 2017 dated 04.10.2017, more
particularly, paragraph 15 thereof, the impugned
FIR is required to be quashed and set aside.
7. Resultantly, this application is allowed. The
impugned FIR being C.R. No.11210050200575/2020
registered with Rander Police Station, Surat and
all other consequential proceedings arising out of
said FIR being Criminal Case No.24739/2020 pending
before the court of learned Additional Senior
Civil Judge & Judicial Magistrate First Class,
Surat are hereby quashed and set aside.
8. Rule is made absolute to the aforesaid extent.
Direct service is permitted.
(DIVYESH A. JOSHI, J.)
Gautam
