[Cites 14, Cited by 0]
Gujarat High Court
Vishnubhai Vanabhai Prajapati vs State Of Gujarat on 2 February, 2026
NEUTRAL CITATION
R/CR.MA/2373/2026 ORDER DATED: 02/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 2373
of 2026
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VISHNUBHAI VANABHAI PRAJAPATI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JIGNESHKUMAR M NAYAK(8558) for the Applicant(s) No. 1,2
MS ASMITA PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 02/02/2026
ORAL ORDER
1. Learned advocate Mr.Divya P. Bhatt appears and submits
that he has instructions to appear on behalf of the respondent
no.2 - complainant. 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.11216022230219 of 2023
registered with the Kalol Taluka Police Station, District -
Gandhinagar, for the offences punishable under Sections 323,
504, 506(2) and 114 of the Indian Penal Code, 1860, under
Section 135 of the Gujarat Police Act and under Sections 3(1)
(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989, as well
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R/CR.MA/2373/2026 ORDER DATED: 02/02/2026
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as the proceedings of the Atrocity Case No.5 of 2023 pending
before the learned Additional Sessions Judge, Sessions (Special
Atro) Court, Kalol, District - Gandhinagar, so also all other
consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant
and the victims are personally present before this Court and
have produced their identity proofs as well as the affidavits,
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.
5. RULE returnable forthwith. Learned APP Ms.Asmita Patel
waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Mr.Divya P.
Bhatt waives service of notice of rule for and on behalf of the
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R/CR.MA/2373/2026 ORDER DATED: 02/02/2026
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respondent no.2 - complainant.
6. The complainant and the victims, who are personally
present before this Court, have categorically stated 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 Atrocity Case are quashed and
set-aside.
7. The relevant paragraphs of the affidavit filed by the
complainant - Priyankaben Jigneshbhai Shrimali, read thus :
"4. I say that the there was no enmity between myself and the present
petitioners. Infect, both the parties are belongs to same village and same
aria and having family relation with each other since long. I say that I have
settled the dispute with them and I do not wish to go on with the FIR filed
by me against them. I say and submit that FIR in question was lodged by
me out of misunderstanding, misconception, desperation, anger and
anxiety and therefore also I do not want to prosecute petitioners any
further for the FIR impugned in the present petition.
5. I say that after registration of the impugned FIR, a meeting took place
between families of both the sides and the misunderstanding between us
got cleared and also upon intervention of elderly persons of the society
and common friends, the matter has been resolved between us and an
amicable settlement has been arrived at between the parties. Both the
parties belong to same community. After due deliberations and discussions
the parties amongst and respective families, I have realized that FIR is the
result of misunderstanding and misconception of facts. I have also realized
the nature of hardships and inconvenience, socially and mentally, it will
cause to both the sides, if the criminal proceedings continue and both the
sides are subjected to rigors of criminal trial, it will immensely affect our
future prospects of better life.
6. In the facts and circumstances as narrated above, I at my free will, wish
and desire am stating on oath that I do not wish to prosecute the criminal
proceedings with petitioners as the dispute between us has been amicably
settled. I state that the complaint filed by me being FIR being C.R. No.
11216022230219 of 2023 Registered with Kalol Taluka Police Station,
Gandhinagar For Offences punishable u/s 323, 504, 506(2) and 114 of the
Indian Penal Code, under section 3(1)(r), 3(1)(s), 3(2) (va) of the Scheduled
Caste and Scheduled Tribes (Atrocity) Act, and under section 135 of the
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Gujarat Police Act, in the interest of justice."
8. The relevant paragraphs of the affidavit filed by the
victims - Pushpaben w/o Nitinbhai Fuljibhai Senma and
Neetaben Arvindbhai Shrimali, read thus :
"5. I say that the there was no enmity between myself and the
present petitioners. Infect, both the parties are belongs to same
village and same aria and having family relation with each other
since long. I say that I have settled the dispute with them and I do
not wish to go on with the FIR filed by me against them. I say and
submit that FIR in question was lodged by me out of
misunderstanding, misconception, desperation, anger and anxiety
and therefore also I do not want to prosecute petitioners any
further for the FIR impugned in the present petition.
6. I say that after registration of the impugned FIR, a meeting took
place between families of both the sides and the
misunderstanding between us got cleared and also upon
intervention of elderly persons of the society and common friends,
the matter has been resolved between us and an amicable
settlement has been arrived at between the parties. Both the
parties belong to same community. After due deliberations and
discussions amongst the parties and respective families, I have
realized that FIR is the result of misunderstanding and
misconception of facts. I have also realized the nature of
hardships and inconvenience, socially and mentally, it will cause
to both the sides, if the criminal proceedings continue and both the
sides are subjected to rigors of criminal trial, it will immensely
affect our future prospects of better life.
7. In the facts and circumstances as narrated above, I at my free
will, wish and desire am stating on oath that I do not wish to
prosecute the criminal proceedings with petitioners as the dispute
between us has been amicably settled. I state that the complaint
filed by me being FIR being C.R. No. 11216022230219 of 2023
Registered with Kalol Taluka Police Station, Gandhinagar For
Offences punishable u/s 323, 504, 506(2) and 114 of the Indian
Penal Code, under section 3(1)(r), 3(1)(s), 3(2) (va) of the
Scheduled Caste and Scheduled Tribes (Atrocity) Act, and under
section 135 of the Gujarat Police Act, in the interest of justice."
9. Thus, it appears from the aforesaid that to continue
further with the proceedings pursuant to the impugned FIR
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as well as the Atrocity 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
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
proceedings pursuant to the impugned FIR as well as the
Atrocity 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 and the proceedings of the
Atrocity Case as well as other consequential proceedings
arising pursuant thereto are required to be quashed and set-
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R/CR.MA/2373/2026 ORDER DATED: 02/02/2026
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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 First
Information Report No.11216022230219 of 2023 registered
with the Kalol Taluka Police Station, District - Gandhinagar, for
the offences punishable under Sections 323, 504, 506(2) and
114 of the Indian Penal Code, 1860, under Sections 3(1)(r),
3(1)(s) and 3(2)(va) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989, and
under Section 135 of the Gujarat Police Act as well as the
proceedings of the Atrocity Case No.5 of 2023 pending before
the learned Additional Sessions Judge, Sessions (Special Atro)
Court, Kalol, District - Gandhinagar, so also all other
consequential proceedings arising pursuant thereto, are
hereby ordered to be quashed and set-aside.
12. The complainant is directed to deposit Rs.75,000/-
received as compensation, with the Social Welfare
Department.
13. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DEEPAK GEHLOT
