[Cites 3, Cited by 0]
Gujarat High Court
Rajendrakumar Madhavlal Vakharia vs State Of Gujarat on 25 March, 2026
NEUTRAL CITATION
R/CR.MA/88/2026 ORDER DATED: 25/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 88 of 2026
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RAJENDRAKUMAR MADHAVLAL VAKHARIA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. R.D.KINARIWALA(6146) for the Applicant(s) No. 1
MR VIRAT G POPAT(3710) for the Respondent(s) No. 2
MS KRINA CALLA, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 25/03/2026
ORAL ORDER
1. Learned advocate Mr.Mahesh Pujara 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 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.11210048251103 of
2025 registered with the Umra Police Station, Surat City, for
the offence punishable under Section 318(4) of the
Bharatiya Nyaya Sanhita, 2023, as well as all other
consequential proceedings arising pursuant thereto.
NEUTRAL CITATION
R/CR.MA/88/2026 ORDER DATED: 25/03/2026
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3. Today, when the matter is called out, the complainant
is virtually present before this Court. Learned advocate
appearing on his behalf has produced identity proof and
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. The present application has been filed on merits.
However, during the pendency of the present application, an
amicable settlement has been arrived at between the
parties.
5. 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.
6. RULE returnable forthwith. Learned APP Ms.Krina
Calla waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Mr.Mahesh
Pujara waives service of notice of rule for and on behalf of
the respondent no.2 - complainant.
NEUTRAL CITATION
R/CR.MA/88/2026 ORDER DATED: 25/03/2026
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7. 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.
8. The complainant, who is virtually 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.
9. The relevant paragraphs of the affidavit of the
complainant, read thus :
"1. I, the undersigned Rishi Rajeshkumar Kapadia,
Age: 36 Years, Occupation: Business, Sex: Male,
Residing at: Bungalow No. , Hari Om Bungalows,
Dumas Road, Surat herein respondent no. 2 and as
well as the original complainant in the present
petition for the purpose of Quashing of the F.I.R filed
by me, the original complainant at Umra Police
Station, Surat vide C.R. No 11210048251103/2025
on oath and solemnly affirm that;
I say and submit that due to intervention of the
respected members of the society and family, mutual
understanding and agreement is arrived between Me
and Original Accused/Applicant in the above said
NEUTRAL CITATION
R/CR.MA/88/2026 ORDER DATED: 25/03/2026
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F.I.R i.e. RAJENDRAKUMAR MADHAVLAL VAKHARIA
and the present applicant/accused has endorsed the
Sale Agreement in my favour before the registrar and
has given me the possession of the disputed property
and has given me the assurance that the
applicant/accused has not transferred the rights of
the disputed property to any third person and thus
now I don't have any grievance with him.
I further state that as such now I intend that I have
no objection if the F.I.R and all subsequent
proceedings are Quashed filed against
RAJENDRAKUMAR MADHAVLAL VAKHARIA i.e.
Applicants/Accused."
10. 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
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
NEUTRAL CITATION
R/CR.MA/88/2026 ORDER DATED: 25/03/2026
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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,
11. In the result, the application is allowed. The
proceedings of the First Information Report being
C.R.No.11210048251103 of 2025 registered with the Umra
Police Station, Surat City, for the offence punishable under
Section 318(4) 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.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DIPTI PATEL
