[Cites 11, Cited by 0]
Gujarat High Court
Kishanbha Tapubha Manek (Kishanbhai ... vs Devubha Visabha Jam on 27 February, 2026
NEUTRAL CITATION
R/CR.MA/1406/2026 ORDER DATED: 27/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 1406
of 2026
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KISHANBHA TAPUBHA MANEK (KISHANBHAI TAPUBHAI MANEK)
Versus
DEVUBHA VISABHA JAM & ANR.
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Appearance:
MR KARTIKSINH H CHAMPAVAT(12148) for the Applicant(s) No. 1
MS ASMITA PATEL, LD.ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 27/02/2026
ORAL ORDER
1. Learned advocate Mr.H.A.Qureshi submits that he has
instructions to appear on behalf of the respondent no.1 -
complainant. He is permitted to file his appearance.
Registry shall accept his vakalatnama.
2. By way of preferring the present application under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, the applicant-accused seeks to invoke the inherent
powers of this Court, praying to quash and set-aside the
First Information Report being C.R.No.11185002251235 of
2025 registered with the Dwarka Police Station, Devbhoomi
Dwarka, for the offences punishable under Sections 115(2),
352, 351(3) and 54 of the Bharatiya Nyaya Sanhita, 2023,
as well as all other consequential proceedings arising
pursuant thereto.
NEUTRAL CITATION
R/CR.MA/1406/2026 ORDER DATED: 27/02/2026
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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 an affidavit, which are ordered
to be taken on record. In the affidavit, the complainant has
categorically stated that with the intervention of the friends,
family members and community people, the dispute
between him and the applicant-accused 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.Asmita
Patel waives service of notice of rule for and on behalf of the
respondent no.2 - State and learned advocate
Mr.H.A.Qureshi waives service of notice of rule for and on
behalf of the respondent no.1 - complainant.
6. Learned advocate for the applicant-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/1406/2026 ORDER DATED: 27/02/2026
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7. The complainant, who is personally present in the
Court, has categorically stated that he has no objection if
the application is allowed and the impugned FIR is quashed
and set-aside. Thus, it appears from the aforesaid that
sending the applicant-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 of the
complainant, read thus :
"1. I, say that I am the original complainant who have
lodged an FIR being C.R. No. 11185002251235 of
2025 registered with Dwarka Police Station,
Devbhoomi Dwarka against the petitioner and one
another unknow co-accused persons for the offence
under sections 115(2), 352, 351(3), 54 of the
Bharatiya Nyaya Sanhita, 2023 (equivalent Section
323, 504, 506(2) & 114 of the Indian Penal Code).
2. I say that subsequent to registering of the FIR and
consequential proceedings, the dispute has been
settled between the me and the present petitioner
and therefore the FIR and subsequent proceeding is
quashed and set aside then I have no objection.
3. I say that the no dispute is remaining against the
present petitioner therefore if the FIR and the
subsequent proceedings are quash and set aside
then I have no objection.
NEUTRAL CITATION
R/CR.MA/1406/2026 ORDER DATED: 27/02/2026
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4. The deponent further submits that grievance is
also settled amicably with the intervention of the
mediators from the society, as this being dispute of
private nature.
5. I, say that therefore, I do not wish to prosecute
against the present petitioner and if the FIR being
C.R. No. 11185002251235 of 2025 registered with
Dwarka Police Station, Devbhoomi Dwarka is
quashed and set aside qua the present petitioner
than I have no objection.
6. I am filing this affidavit without any force, coercion
or threat and at my free will, wish and desire and
with conscious mind. Whatever stated by the
deponent is true and correct and as per her
knowledge and belief."
9. Having heard learned counsel appearing for the
respective parties, as well as considering the facts and
circumstances arising out of the present application and
also taking into consideration the decisions rendered in the
cases of Gian Singh Vs. State of Punjab & Anr., 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 & Anr., reported in
2009 (1) GLH 31, Manoj Sharma Vs. State & Ors.,
reported in 2009 (1) GLH 190, Narinder Singh & Ors. Vs.
State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC)
and State of Haryana Vs. Bhajanlal reported in AIR 1992
NEUTRAL CITATION
R/CR.MA/1406/2026 ORDER DATED: 27/02/2026
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SC 604, it appears that continuing further with the criminal
proceedings in relation to the impugned FIR against the
applicant-accused would be an unnecessary harassment to
the applicant-accused. It further appears that the trial
would be a futile exercise and further continuing 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 are required to be quashed and set aside in
exercise of the powers conferred under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita,
10. In the result, the application is allowed. The
proceedings of the First Information Report being
C.R.No.11185002251235 of 2025 registered with the
Dwarka Police Station, Devbhoomi Dwarka, for the offences
punishable under Sections 115(2), 352, 351(3) and 54 of the
Bharatiya Nyaya Sanhita, 2023, as well as all other
consequential proceedings arising pursuant thereto, are
hereby ordered to be quashed and set-aside.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DIPTI PATEL
