[Cites 11, Cited by 0]
Gujarat High Court
Hothi Punjabhai Keshwala vs State Of Gujarat on 23 March, 2026
NEUTRAL CITATION
R/CR.MA/6234/2026 ORDER DATED: 23/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 6234 of 2026
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HOTHI PUNJABHAI KESHWALA & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR IMTIYAZ I MANSURI(9159) for the Applicant(s) No. 1,2
MR. MEET P MEHTA(19425) for the Respondent(s) No. 2
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 23/03/2026
ORAL ORDER
1. 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 being I-C.R. No. 06 of 2018 registered with the Miyani
Marin Police Station, District Porbandar, for the offences
punishable under Sections 326, 325, 323, 504, 506(2) and 114
of the Indian Penal Code and under Section 135 of the G.P. Act,
the chargesheet as well as the proceedings of the Criminal Case
No. 3275 of 2018 pending in the Court of the learned 5 th
Additional Chief Judicial Magistrate, District Porbandar, so also
all other consequential proceedings arising pursuant thereto.
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R/CR.MA/6234/2026 ORDER DATED: 23/03/2026
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2. On 13.03.2026, this Court has passed the following order:-
"1. Learned advocate Mr. M.P. Mehta submits that he has
instructions to appear on behalf of respondent No. 2 - original
complainant. He is permitted to file his appearance. Registry is
directed to accept his vakalatnama as and when the same is filed.
2. Learned advocate appearing for the applicant has tendered
the affidavit of the complainant, namely, Laxmanbhai Samatbhai
Keshwala, who himself is the victim, dated 13.03.2026. The same is
ordered to be taken on record.
3. The complainant, who is personally present before this Court
today, has submitted that since he and the applicants are the
members of the same family, and since the dispute has been
resolved between them, he does not want to proceed further with
the matter. The complainant has admitted the contents of the
affidavit, filed by him.
4. Re-list this matter on 23.03.2026 for further hearing."
3. Heard Mr. Imtiyaz I. Mansuri, learned advocate appearing
for the applicant, learned APP Mr. Manan Maheta appearing for
the respondent No.1 - State and learned advocate Mr. Meet
Mehta, appearing for the respondent No.2 - original
complainant.
4. Mr. Mansuri, learned advocate appearing for the applicant
has submitted that for the incident which had occurred on
23.05.2015, the impugned FIR came to be lodged on 24.05.2018
for the offences punishable under Sections 326, 325, 323, 504,
506(2) and 114 of the Indian Penal Code and under Section 135
of the G.P. Act. It is submitted that thereafter the investigation
was commenced, and after the completion of the investigation,
the chargesheet was filed on 24.08.2018, which was culminated
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R/CR.MA/6234/2026 ORDER DATED: 23/03/2026
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into Criminal Case No. 3275 of 2018. It is submitted that since
the complainant and the present applicants are the cousin
brothers, due to the intervention of the elders, both of them
have arrived at an amicable settlement. It is submitted that the
complainant has filed an affidavit dated 13.03.2026 in this
regard and has submitted that since the dispute has been
resolved between him and the applicants, he does not want to
proceed further with the matter. It is submitted that since
applicants and the complainant both of them are cousin
brothers and since the settlement has been arrived at between
them, the present application may be allowed and the impugned
FIR, the charge-sheet as well as the proceedings of the Criminal
Case, so also all other consequential proceedings,may be
quashed and set aside.
5. Per contra, learned APP Mr. Manan Maheta appearing for
the respondent No.1 - State has submitted that the trial has
already been commenced and the same is on the verge of
completion. It is submitted by learned APP that the trial Court
has examined all the material witnesses and recorded the
further statement of the accused and now the matter is at the
stage of final arguments, therefore, the discretion should not be
exercised at this stage in favour of the applicants. Hence, he has
urged that the present application may not be entertained and
the same may be rejected.
6. Learned advocate Mr. Meet Mehta appearing for the
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R/CR.MA/6234/2026 ORDER DATED: 23/03/2026
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respondent No. 2 - original complainant has submitted that the
original complainant and the applicants are the cousin brothers
and due to intervention of the relatives and elderly people, they
have settled the matter and therefore, he has requested the
Court to exercise its discretion. He has submitted that since the
matter has been settled between the parties, the present
application may be allowed and the impugned FIR, the charge-
sheet as well as the proceedings of the Criminal Case, so also all
the consequential proceedings, may be quashed and set aside.
7. It appears that on the previous occasion, i.e. on
13.03.2026, the complainant remained personally present
before this Court and had stated that since he and the
applicants belong to the same family and since the dispute has
been resolved between them, he does not want to proceed
further with the matter. He had also admitted the contents of
the affidavit filed by him. In the said affidavit, the complainant
has categorically stated that with the intervention of the friends,
family members and community people, the dispute with the
present applicants has been amicably resolved and there is no
ill-will or any grievance amongst them.
8. 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.
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R/CR.MA/6234/2026 ORDER DATED: 23/03/2026
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9. 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 Mr. Meet P.
Mehta waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
10. The complainant, who was personally present in the Court
on the previous occasion, had categorically stated before this
Court that he has no objection if the application is allowed and
the FIR, the chargesheet as well as the proceedings of the
Criminal Case are 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.
11. The relevant paragraphs of the affidavit filed by the
complainant - Lakhmanbhai Samatbhai Keshwala, read thus :
"(2) I say and submit that the Petitioners and respondent No.2-
Original Complainant are residing in same area since long.
(3) I further say and submit that Petitioners and respondent
No 2- Original Complainant were settled the case and now no
grievance pending between us. In view of that I have no
objection if the present petition is allow for quashing of FIR
registered on 24/05/2018 being C.R. No. 106 of 2018 under
section 326, 325, 323, 504, 506(2) and 114 of Indian Penal Code
and under section 135 of the Gujarat Police Act, registered with
the Miyani Marin Police Station, District: Porbandar, Charge-
sheet and Criminal Case No. 3275 of 2018 pending before the
Learned 5th Additional Chief Judicial Magistrate, Porbandar,
District: Porbandar, arising from the FIR being C.R. No. I-06 of
2018 of Miyani Marin Police Station, District: Porbandar, on the
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ground of settlement amicably all the disputes.
(4) I respectfully say and submit that the dispute between us
is resolved and there is no surviving grievance. The settlement
arrived between me, and Petitioners would be binding to me/my
legal representative with respect to the aforementioned offence
for all time to come in future. I have settled this matter without
any coercion or force from the petitioners and I had not received
any serious injuries in the offence.
(5) I respectfully say and submit that settles the dispute
between the petitioners and respondent No.2 Original
Complainant. Therefore I pray this Hon'ble Court to allow the
petition and may be please to quashing and setting aside of FIR
registered on 24/05/2018 being C.R. No. I-06 of 2018 under
section 326, 325, 323, 504, 506(2) and 114 of Indian Penal Code
and under section 135 of the Gujarat Police Act, registered with
the Miyani Marin Police Station, District: Porbandar, Charge-
sheet and Criminal Case No. 3275 of 2018 pending before the
Learned 5th Additional Chief Judicial Magistrate, Porbandar,
District Porbandar, arising from the FIR being C R. No. I-06 of
2018 of Miyanı Marin Police Station, District: Porbandar
(6) I respectfully state and submit that the affidavit tendered by
me to be considered at the time of deciding the petition filed by
petitioners.
The contents of para Nos. I to 6 are read over to me and
explained to me in Gujarati and the same are true to the best of
my knowledge and belief."
12. 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,
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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, the chargesheet and the Criminal
Case 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, the
chargesheet as well as the proceedings of the Criminal Case
would amount to abuse of process of law. Hence, to secure the
ends of justice, the impugned FIR, the chargesheet as well as
the proceedings of the Criminal Case, so also 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
Sanhita, 2023.
13. In the result, the application is allowed. The First
Information Report being I - C.R. No. 06 of 2018 registered
with the Miyani Marin Police Station, District Porbandar, for the
offences punishable under Sections 326, 325, 323, 504, 506(2)
and 114 of the Indian Penal Code and under Section 135 of the
G.P. Act, the chargesheet as well as the proceedings of the
Criminal Case No. 3275 of 2018 pending in the Court of the
learned 5th Additional Chief Judicial Magistrate, District
Porbandar, so also all other consequential proceedings arising
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pursuant thereto are hereby ordered to be quashed and set-
aside, qua the present applicants only.
14. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
AMAR SINGH
