[Cites 8, Cited by 0]
Gujarat High Court
Yasir Yunusbhai Luhar vs State Of Gujarat on 3 February, 2026
NEUTRAL CITATION
R/CR.MA/2336/2026 ORDER DATED: 03/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 2336
of 2026
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YASIR YUNUSBHAI LUHAR & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MUSAIB I SHAIKH(10565) for the Applicant(s) No. 1,2,3,4
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 03/02/2026
ORAL ORDER
1. Learned advocate Mr. Jay K. Koshti appears and submits
that he has instructions to appear on behalf of the respondent
no.2 - original complainant. Registry shall accept his
vakalatnama.
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. 11209024250633 of 2025 registered with the Jadar
Police Station, District Sabarkantha, for the offences punishable
under Sections 115(2), 127(2), 352, 351(2), 54 of the Bharatiya
Nyaya Sanhita, 2023 and under Section 135 of the G.P. Act, as
well as all other consequential proceedings arising pursuant
thereto.
NEUTRAL CITATION
R/CR.MA/2336/2026 ORDER DATED: 03/02/2026
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3. Today, when the matter is called out, the complainant, is
personally present before this Court. The complainant has also
filed an affidavit, which is annexed as Annexure 'B' to the
application. In the said affidavit, the complainant has
categorically stated that with the intervention of the friends,
family members and community people, the dispute between the
parties 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. Manan
Maheta waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Mr. Jay K. Koshti
waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
6. Learned advocate for the applicants-accused has
submitted that since the dispute has been amicably resolved
between the parties, the application may be allowed and the
impugned FIR may be quashed and set-aside.
NEUTRAL CITATION
R/CR.MA/2336/2026 ORDER DATED: 03/02/2026
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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 is 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 - Fezan Yunusmiya Shaikh, read thus :
"I say and submit that due to intervention of the respected
members of the society and family, mutual understanding and
agreement is arrived between me and Original
Accused/Applicants in the above said F.I.R i.e. 1 Arsalan Luhar
Alias Mushrafmiya A Luhar, 2 Naufil Yunusbhai Luhar, 3 Adnan
Salmuddin Luhar, 4 Yasir Yunusbhai Luhar now I don't have any
grievance with him.
I further state that as such now I intend that I have no objection
if the F.LR and all subsequent proceedings are Quashed filed
against Applicants/Accused's.
I say and submit that I am withdrawing all allegation alleged by
me with respect to this offence are settled and now I don't have
any grievance with the petitioner in the F.I.R."
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,
NEUTRAL CITATION
R/CR.MA/2336/2026 ORDER DATED: 03/02/2026
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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 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 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.
10. In the result, the application is allowed. The First
Information Report No. 11209024250633 of 2025 registered
with the Jadar Police Station, District Sabarkantha, for the
offences punishable under Sections 115(2), 127(2), 352, 351(2),
54 of the Bharatiya Nyaya Sanhita, 2023 and under Section 135
of the G.P. Act, as well as 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
