[Cites 10, Cited by 0]
Gujarat High Court
Mayurdhvajsinh Jagdishsinh Vaghela vs State Of Gujarat on 27 March, 2026
NEUTRAL CITATION
R/CR.MA/7178/2026 ORDER DATED: 27/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 7178
of 2026
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MAYURDHVAJSINH JAGDISHSINH VAGHELA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. KARAN Y VYAS(8539) for the Applicant(s) No. 1
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 27/03/2026
ORAL ORDER
1. Learned advocate Mr. Parth V. Bhatt 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 as and when
the same is filed.
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 No. 11216011240520 of 2024 registered with the Info
City Police Station, District Gandhinagar, for the offences
punishable under Sections 115(2), 118(1), 352, 351(2), 324(4) of
the Bharatiya Nyaya Sanhita, 2023 and under Section 135 of the
NEUTRAL CITATION
R/CR.MA/7178/2026 ORDER DATED: 27/03/2026
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G.P. Act, the chargesheet as well as the proceedings of the
Criminal Case No. 41 of 2025 pending in the Court of the
learned 2nd Judicial Magistrate First Class, Gandhinagar, so also
all other consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant is
personally present before this Court. The complainant has also
filed an affidavit, which is annexed at Annexure 'C' to the
application. 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 applicant has been amicably 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 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 Mr. Parth V.
Bhatt waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
6. Learned advocate for the applicant-accused has submitted
NEUTRAL CITATION
R/CR.MA/7178/2026 ORDER DATED: 27/03/2026
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that since the dispute has been amicably resolved between the
parties, the application may be allowed and the impugned FIR,
the chargesheet and the proceedings of the Criminal Case may
be quashed and set-aside.
7. The complainant, who is personally present in the Court,
has 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 applicant-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 filed by the
complainant - Ankitbhai Nitinbhai Patel, read thus :
"3. That the impugned FIR came to be registered by me
naming the present applicant in the spur of the moment without
any proper knowledge and in misunderstanding. That even the
said First Information Report is an outcome of some confusion
but the same has now been amicably resolved with the
intervention of the members of the society from the both the
sides and there is nothing bitter in my mind against the present
applicant and also, I have not suffered any financial losses or
physical harm because of him and at present we are residing
peacefully as neighbors.
4. That I am hale and hearty and nothing remains to be
taken back from the petitioner That I have no personal disability
and I am absolutely fit and fine.
5. I further state that as we have already settled the dispute
amicably, I have decided not to proceed with the matter on
merits I would also not prefer to step in to witness box and to
give evidence against the petitioners, neither I wish that the
precious time of the Hon'ble Court be wasted in a matter which
NEUTRAL CITATION
R/CR.MA/7178/2026 ORDER DATED: 27/03/2026
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has already been settled.
6. That I have no objection if the FIR being I - C. R. No.
11216011240520/2024 registered before Info City Police Station,
Gandhinagar [ANNEXURE 'A'], along with charge sheet
[ANNEXURE 'B'] which later on came to be culminated into
Criminal Case No 41/2025 pending before learned 2 nd JMFC
Gandhinagar and subsequent proceedings thereof against the
present petitioner are quashed and set aside. I am filing this
affidavit out of my free will and volition and without any force or
coercion."
9. 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,
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 applicant-accused would be nothing but
unnecessary harassment to the applicant-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
NEUTRAL CITATION
R/CR.MA/7178/2026 ORDER DATED: 27/03/2026
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would amount to abuse of process of law. Hence, to secure the
ends of justice, the impugned FIR, the chargesheet as well as
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.
10. In the result, the application is allowed. The First
Information Report No. 11216011240520 of 2024 registered
with the Info City Police Station, District Gandhinagar, for the
offences punishable under Sections 115(2), 118(1), 352, 351(2),
324(4) 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. 41 of 2025 pending in the Court of the
learned 2nd Judicial Magistrate First Class, Gandhinagar, so also
all other consequential proceedings arising pursuant thereto are
hereby ordered to be quashed and set-aside, qua the present
applicant only.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
AMAR SINGH
