[Cites 6, Cited by 0]
Gujarat High Court
Mayurbhai Shantilal Devayatka ... vs State Of Gujarat on 3 February, 2026
NEUTRAL CITATION
R/CR.MA/2481/2026 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. 2481
of 2026
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MAYURBHAI SHANTILAL DEVAYATKA @DEVATKA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
AAKASH D MODI(7449) for the Applicant(s) No. 1,2,3,4,5,6
MS. KRINA P. CALLA, 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 Ms. Alpa J. Dave appears and submits
that she has instructions to appear on behalf of the respondent
no.2 - original complainant. Registry shall accept her
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. 11208035250808 of 2025 registered with the
Gandhigram Police Station, District Rajkot City, for the offences
punishable under Sections 189(2), 191(2), 191(3), 190, 118(1),
352, 351(3), 117(2) of the Bharatiya Nyaya Sanhita, 2023 and
under Section 135(1) of the G.P. Act, as well as all other
NEUTRAL CITATION
R/CR.MA/2481/2026 ORDER DATED: 03/02/2026
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consequential proceedings arising pursuant thereto.
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 at Annexure 'C' 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 Ms. Krina Calla
waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Ms. Alpa J. Dave
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/2481/2026 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 - Parth @ Sonu Nitinbhai Fichadiya, read thus :
"2. At the outset, I submit that I am filing the present affidavit
voluntarily, with my free will, and without any coercion pressure
or undue influence from any person whatsoever. I state that I am
filing this affidavit in support of the present Criminal Misc.
Application filed by the petitioners seeking quashing of the
aforesaid FIR and all consequential proceedings.
3. I say and submit that the dispute between me and the
petitioners arose out of business rivalry misunderstanding and is
purely personal and private in nature. With the intervention of
respectable persons and well-wishers, the dispute has now been
amicably settled between me and the petitioners
4. I hereby state that in view of the amicable settlement
arrived at between the parties, no grievance survives on my part
against the petitioners. I do not wish to pursue the criminal
proceedings arising out of the aforesaid FIR any further
5. I further state that I have no objection if this Hon'ble
Court is pleased to quash and set aside FIR being C.R. No.
11208035250808 of 2025 registered with Gandhigram Police
Station. Rajkot City, and all consequential proceedings arising
therefrom. qua the present petitioners.
6. I say and submit that the dispute being private in nature,
continuation of the criminal proceedings would serve no useful
purpose and would only result in wastage of valuable judicial
time. I therefore request this Hon'ble Court to allow the present
NEUTRAL CITATION
R/CR.MA/2481/2026 ORDER DATED: 03/02/2026
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petition and to quash the FIR and all consequential proceedings
in the interest of Justice.
7 I further state that I am giving this consent voluntarily.
without any force, threat or inducement, and with full
understanding of the consequences thereof."
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 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
NEUTRAL CITATION
R/CR.MA/2481/2026 ORDER DATED: 03/02/2026
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Sanhita, 2023.
10. In the result, the application is allowed. The First
Information Report No. 11208035250808 of 2025 registered
with the Gandhigram Police Station, District Rajkot City, for the
offences punishable under Sections 189(2), 191(2), 191(3), 190,
118(1), 352, 351(3), 117(2) of the Bharatiya Nyaya Sanhita,
2023 and under Section 135(1) 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
