[Cites 20, Cited by 0]
Gujarat High Court
Shaileshbhai Ramjibhai Aal vs State Of Gujarat on 18 March, 2026
NEUTRAL CITATION
R/CR.MA/14861/2025 ORDER DATED: 18/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
14861 of 2025
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SHAILESHBHAI RAMJIBHAI AAL & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR MAHESH PUJARA, LD.ADVOCATE WITH MR ASHISH M DAGLI(2203)
for the Applicant(s) No. 1,2,3,4,5,6,7,8,9
MR MANAN MAHETA, LD.ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 18/03/2026
ORAL ORDER
1. Learned advocate Mr.Abhishek Khuman appears and
submits that he has instructions to appear on behalf of the
respondent no.2 - original 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 applicants- original accused seek to invoke the
inherent powers of this Court, praying to quash and set-
aside the First Information Report being C.R.No.I- 44 of
2018 registered with the Wankaner City Police Station,
Morbi, for the offences punishable under Sections 307, 326,
325, 324, 354, 323, 427, 447, 504, 506(2), 143, 147, 148,
NEUTRAL CITATION
R/CR.MA/14861/2025 ORDER DATED: 18/03/2026
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149 of Indian Penal Code and Section 135 of the G.P.Act,
the Charge Sheet and Sessions Case No.33 of 2019 pending
before the learned Sessions Court, Morbi as well as all other
consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the original
complainant and the victims, who are personally present
before this Court, have produced their identity proofs as
well as the affidavits, which are ordered to be taken on
record. In the said affidavits, the complainant and the
victims have categorically stated that with the intervention
of the friends, family members and community people, the
dispute between them and the applicants- accused has
been amicably resolved and there is no ill-will or any
grievance amongst them. Therefore, they do not want to
proceed further with the matter qua the present applicants.
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
NEUTRAL CITATION
R/CR.MA/14861/2025 ORDER DATED: 18/03/2026
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Mr.Abhishek Khuman 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 as well as the proceedings of the
criminal case may be quashed and set-aside.
7. The original complainant and the victim, who are
present in the Court, have categorically stated before this
Court that they have 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
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 of the original
complainant, read thus :
"1. I say and submit that being the complainant, I'm
aware about the facts and circumstances of the
present case, hence filing present affidavit in support
of averments in present application.
2.I submit that I've filed an F.I.R on 11.07.2018 with
Wankaner city Police Station, Morbi being CR. no. 1-
44 of 2018 against the applicants for the offenses
under sections 307, 326, 325, 324, 354, 323, 427,
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R/CR.MA/14861/2025 ORDER DATED: 18/03/2026
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447, 504, 506(2), 143, 147, 148 and 149 of Indian
Penal Code and Section 135 of Gujarat Police Act.
3. I say that the dispute amongst us came to be
resolved amicably and peacefully and the on account
of misconception of facts the F.I.R came to be filed for
which now no grievance exists against each other. I
say that as in fact F.I.R in question which is filed
may not continue in view of resolutions of the dispute
amongst us and therefore the prayer as prayed for
may kindly be accepted in the facts and
circumstances of the present case, under these set of
circumstances, if the Hon'ble Court pleased to
terminate the proceeding as prayed for by the
applicants by quashing and setting aside the F.I.R
being CR No. 1-44 of 2018 filed before Wankaner city
Police Station, Morbi, Sessions Case No. 33 of 2019
pending before the Sessions Court, Morbi as well as
further proceedings arising thereof, I've no objection."
9. The relevant paragraphs of the affidavits of the victims,
namely, Khushbuben Samirbhai Keda and Madinaben
Arifbhai Bambhaniya, read thus :
"1. I say and submit that being the victim of the
present case, I'm aware about the facts and
circumstances of the present case, hence filing
present affidavit in support of averments in present
application.
2. 1 submit that the complainant namely
Janmohammed Makvani has filed an F.I.R on
11.07.2018 with Wankaner city Police Station, Morbi
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R/CR.MA/14861/2025 ORDER DATED: 18/03/2026
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being CR. no. I- 44 of 2018 against the applicants for
the offenses under sections 307, 326, 325, 324, 354,
323, 427, 447, 504, 506(2), 143, 147, 148 and 149 of
Indian Penal Code and Section 135 of Gujarat Police
Act.
3. I say and submit that even I've not received any
injuries permanent or serious in nature, under this
circumstance, the case of the applicants deserves
consideration in the interest of justice.
4. I say that the dispute amongst us came to
amicably and peacefully and the on misconception of
facts the F.I.R came to be filed for which now no
grievance exists against each other. I say that as in
fact F.I.R in question which is filed may not continue
in view of resolutions of the dispute amongst us and
therefore the prayer as prayed for may kindly be
accepted in the facts and circumstances of the
present case, under these set of circumstances, if the
Hon'ble Court pleased to terminate the proceeding as
prayed for by the applicants by quashing and setting
aside the F.I.R being CR No. 1-44 of 2018 filed before
Wankaner city Police Station, Morbi, Sessions Case
No. 33 of 2019 pending before the Sessions Court,
Morbi as well as further proceedings arising thereof,
I've no objection.
5. I'm filing this affidavit on my free will and wish
without there being any undue pressure."
10. Having heard learned counsel appearing for the
respective parties, as well as considering the facts and
NEUTRAL CITATION
R/CR.MA/14861/2025 ORDER DATED: 18/03/2026
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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 & Anr. reported in 2014 (2) Crime 67
(SC) and 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 as well
as the criminal case 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 as well as the criminal case would amount to
abuse of process of law. Hence, to secure the ends of justice,
the impugned FIR as well as the criminal case and all other
consequential proceedings are required to be quashed and
set aside in exercise of the powers conferred under Section
528 of the of the Bharatiya Nagarik Suraksha Sanhita,
2023.
11. In the result, the application is allowed. The First
Information Report being C.R.No.I- 44 of 2018 registered
with the Wankaner City Police Station, Morbi, for the
NEUTRAL CITATION
R/CR.MA/14861/2025 ORDER DATED: 18/03/2026
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offences punishable under Sections 307, 326, 325, 324,
354, 323, 427, 447, 504, 506(2), 143, 147, 148, 149 of
Indian Penal Code and Section 135 of the G.P.Act, the
Charge Sheet and Sessions Case No.33 of 2019 pending
before the learned Sessions Court, Morbi as well as all other
consequential proceedings arising pursuant thereto, are
hereby ordered to be quashed and set-aside.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DIPTI PATEL
