Bharat Jehthbhai Fosi vs State Of Gujarat
2026 Latest Caselaw 1477 Guj

Gujarat High Court

Bharat Jehthbhai Fosi vs State Of Gujarat on 20 March, 2026

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                              R/CR.MA/14363/2021                                  ORDER DATED: 20/03/2026

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                            FIR/ORDER) NO. 14363 of 2021

                        ==========================================================
                                                    BHARAT JEHTHBHAI FOSI & ORS.
                                                               Versus
                                                      STATE OF GUJARAT & ANR.
                        ==========================================================
                        Appearance:
                        MS.DILBUR CONTRACTOR(6388) for the Applicant(s) No. 1,2,3
                        MR D S GADHVI(11310) for the Respondent(s) No. 2
                        RONAK RAWAL, APP for the Respondent(s) No. 1
                        ==========================================================

                           CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                                              Date : 20/03/2026

                                                               ORAL ORDER

Draft amendment is allowed. Necessary amendments shall

be carried out forthwith.

1. The present application is filed for quashing of the FIR

being C. R. No.11195010210119 of 2021 registered with Palanpur

West Police Station for the offences under Sections 465, 467,

468, 471 and 114 of the Indian Penal Code by the 3 applicants

who are named in the FIR as well as the accused No.4 who is

arraigned as a accused during the course of investigation.

2. At the outset, it is submitted by the learned advocates for

the respective parties that the matter has been settled between

the parties and the dispute which was arising between the family

NEUTRAL CITATION

R/CR.MA/14363/2021 ORDER DATED: 20/03/2026

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members of the complainant has been resolved. Learned

advocate Mr. Gadhvi appearing for the complainant has placed on

record the affidavit of respondent No.2 - complainant,

confirming the above aspects. Presence of the complainant is

noted.

3. Having heard the learned advocates appearing for the

respective parties, considering the facts and circumstances

arising out of the present application as well as taking into

consideration the decisions rendered by the Hon'ble Supreme

Court 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), it appears that further

continuation of criminal proceedings in relation to the impugned

FIR against the applicant would be unnecessary harassment to

the applicant. I have also considered the latest decision of the

Hon'ble Supreme Court in the case of 'Parbatbhai Aahir @

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R/CR.MA/14363/2021 ORDER DATED: 20/03/2026

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Parbatbhai Bhimsinhbhai Karmur and others v. State of

Gujarat', Criminal Appeal No.1723 of 2017, dated 4.10.2017 and

the guidelines issued by the Hon'ble Supreme Court in the said

decision, particularly Paragraph-15, thereof. Considering the

nature of disputes between the parties which are all private in

nature, I am of the opinion that the matter requires

consideration. It appears that the trial would be futile and further

continuance of the proceedings pursuant to the impugned FIR

would amount to abuse of process of law and hence, to secure

the ends of justice, the impugned FIR is required to be quashed

and set aside in exercise of powers conferred under Section 482

of the Code.

4. Resultantly, this application is allowed and the impugned

FIR bearing C. R. No.11195010210119 of 2021 registered with

Palanpur West Police Station is hereby quashed and set aside qua

the applicants only. Consequently, all other proceedings arising

out of the aforesaid F.I.R. are also quashed and set aside qua the

applicants.

(M. K. THAKKER,J) Vikramsinh Amarsinh