[Cites 13, Cited by 0]
Gujarat High Court
Sunil @ Samay Abhuji Thakor vs State Of Gujarat on 13 March, 2026
NEUTRAL CITATION
R/CR.MA/6117/2026 ORDER DATED: 13/03/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 6117
of 2026
==========================================================
SUNIL @ SAMAY ABHUJI THAKOR & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. DIPAKKUMAR D PRAJAPATI(9318) for the Applicant(s) No. 1,2,3,4,5,6
MR. PRAGNESH B. SINDHAV(17694) for the Applicant(s) No. 1
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 13/03/2026
ORAL ORDER
1. Learned advocate Mr. Ankitkumar Patel appears and
submits that he has instructions to appear on behalf of the
respondent No. 2-complainant. He is permitted to file his
appearance. Registry shall accept his vakalatnama.
2. By way of filing this application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-
accused have prayed to quash and set aside the FIR being C.R.
No.11216010240067 of 2024 registered with the Pethapur
Police Station, District- Gandhinagar, for the offences
punishable under Sections 323, 324, 504, 427, 506(2), 143,
147, 148, 149 of the Indian Penal Code, as well as under
Section 135 of the Gujarat Police Act, so also all other
consequential proceedings arising pursuant thereto qua the
applicants.
NEUTRAL CITATION
R/CR.MA/6117/2026 ORDER DATED: 13/03/2026
undefined
3. Today, when the matter is called out, the complainant,
namely, Somaji Babuji Thakor and the injured victims, namely,
Rahul Thakor, Sanjaykumar Thakor, Mahendrasinh Thakor and
Suresh Thakor, are personally present before this Court. They
have produced their identity proofs, which are ordered to be
taken on record. The affidavit filed by the complainant and the
injured-victims are annexed at Annexure- D and C, respectively
to the application. In the said affidavits, the complainant as
well as the injured-victims have categorically stated that the
dispute with the applicants has been 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 between the
parties has been amicably resolved, with the consent of
learned advocates 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. Learned advocate Mr. Ankitkumar
Patel waives service of notice of rule for and on behalf of the
respondent No.2- complainant.
6. The complainant and the injured-victims, who are
personally present in the Court, has categorically stated that the
dispute has been amicably resolved with the applicants and they
have no objection if the FIR is quashed. Thus, sending the
NEUTRAL CITATION
R/CR.MA/6117/2026 ORDER DATED: 13/03/2026
undefined
applicants-accused to face the trial would be a futile exercise.
7. The relevant paragraphs of the affidavit filed by the
complainant read thus:
"2. It Is Respectfully Submit That The I Am not admit in
hospital because I have not faces serious injury Inter Alia
Whole Incident And Present Complain File By Me Its
Misunderstanding Of The Incidence. I Haven't Any
Grievance Against The Present Applicants And We Have
Not Any Objection If This Court Will Quash The
Aforementioned F.I.R.
3. I Respectfully Say And Submit That The Dispute
Between The Parties Is Resolved And There Is No
Surviving Grievance So Far As Present Complain Is
Concern The Settlement Arrived Between Us Would Be
Binding To Me And My Legal Representative With Respect
To Aforementioned F.I.R. Inter Alia I Have Settled This
Matter Without Any Coercion Or Force From The
Applicant/Accused Person.
4. I Respectfully Say And Submit That I Have Decided To
Settle And Let Go All The Issues With Respect To This
Offences Of Aforementioned F.I.R. I Say And Submit That I
Have No Objection If The Aforesaid F.I.R.IS Quashed By
This Hon'ble Court Against The Accusec By Way Of
Allowing The Present Application.
5. I Respectfully Say And Submit That The Affidavit
Tendered By Me Has Been Made Voluntarily And Without
Any Force Or Influence And The Same Need To Be
Considered At The Time Of Deciding The Present
Application."
8. The relevant paragraphs of the affidavit filed by the
injured-victims namely- Rahul Thakor, Sanjaykumar Thakor,
Mahendrasinh Thakor and Suresh Thakor read thus:
"2. It Is Respectfully Submit That The we are not admit in
NEUTRAL CITATION
R/CR.MA/6117/2026 ORDER DATED: 13/03/2026
undefined
hospital because we have not faces serious injury Inter
Alia Whole Incident And Present Complain File By us Its
Misunderstanding Of The Incidence. We Haven't Any
Grievance Against The Present Applicants And We Have
Not Any Objection If This Court Will Quash The
Aforementioned F.I.R.
3. We Respectfully Say And Submit That The Dispute
Between The Parties Is Resolved And There Is No
Surviving Grievance So Far As Present Complain Is
Concern The Settlement Arrived Between Us Would Be
Binding To we And our Legal Representative With Respect
To Aforementioned F.I.R. Inter Alia we Have Settled This
Matter Without Any Coercion Or Force From The
Applicant/Accused Person.
4. we Respectfully Say And Submit That we Have Decided
To Settle And Let Go All The Issues With Respect To This
Offences Of Aforementioned F.I.R. we Said And Submit
That we Have No Objection If The Aforesaid F.I.R.Is
Quashed By This Hon'ble Court Against The Accused By
Way Of Allowing The Present Application.
5. we Respectfully Say And Submit That The Affidavit
Tendered By us Has Been Made Voluntarily And Without
Any Force Or Influence And The Same Need To Be
Considered At The Time Of Deciding The Present
Application."
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 and Narinder Singh & Ors. Vs. State of Punjab
NEUTRAL CITATION
R/CR.MA/6117/2026 ORDER DATED: 13/03/2026
undefined
& Anr. 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 criminal proceedings
in relation to the impugned FIR against the applicants-accused
would be an unnecessary harassment to the applicants-
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, 2023.
10. In the result, the application is allowed. The FIR being
C.R. No.11216010240067 of 2024 registered with the
Pethapur Police Station, District- Gandhinagar, for the offences
punishable under Sections 323, 324, 504, 427, 506(2), 143,
147, 148, 149 of the Indian Penal Code, as well as under
Section 135 of the Gujarat Police Act, so also all other
consequential proceedings arising pursuant thereto are hereby
quashed and set aside qua the applicants.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
prk
