[Cites 3, Cited by 0]
Gujarat High Court
Ganibhai Alibhai Mamani (Vora) vs State Of Gujarat on 30 March, 2026
NEUTRAL CITATION
R/CR.MA/26828/2025 ORDER DATED: 30/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
26828 of 2025
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GANIBHAI ALIBHAI MAMANI (VORA) & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.WASIM M PATHAN(6802) for the Applicant(s) No. 1,2,3
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 30/03/2026
ORAL ORDER
1. Learned advocate Mr. Nabil Khan 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-accused seek to invoke the inherent powers of this
Court, praying to quash and set-aside the First Information
Report No. 11191048251056 of 2025 registered with the
Sarkhej Police Station, Ahmedabad City, for the offences
punishable under Sections 115(2), 351(3), 296(b) of the
Bharatiya Nyaya Sanhita, 2023, as well as all other
consequential proceedings arising pursuant thereto.
NEUTRAL CITATION
R/CR.MA/26828/2025 ORDER DATED: 30/03/2026
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3. Today, when the matter is called out, the complainant and
the victims are personally present before this Court. The
affidavit filed by the complainant is annexed at Annexure 'B' to
the application, whereas, learned advocate appearing for the
complainant has tendered the affidavit filed by the victims,
which are are ordered to be taken on record. In their respective
affidavits, the complainant and the victims all have categorically
stated that with the intervention of the friends, family members
and community people, the dispute 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. Nabil Khan
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
NEUTRAL CITATION
R/CR.MA/26828/2025 ORDER DATED: 30/03/2026
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impugned FIR may be quashed and set-aside.
7. The complainant and the victims, who are personally
present in the Court, have categorically stated before this Court
that they have no objection if the application is allowed and the
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 filed by the
complainant - Kanza Husenbhai Musebhai, read thus :
"2. I say that I have settled the dispute and differences with
the Applicants and I do not wish to go on with the complaint
lodged by me against them as the issues between us are
amicably settled outside of the Court in the presence of elder of
our society and also in presence of respected persons of both the
Community. I further say and submit that FIR in question was
lodged by me out of desperation, anger, anxiety, tenseness and
nervousness. I say that offence is in private in nature and public
tranquility does not affect at all.
3. I say that after lodging of impugned FIR, the respected
elders of our society and friends have intervene and it is realized
the nature of hardships and inconvenience, socially and mentally,
it will cause to both sides. If the criminal proceedings continue
and both the sides are subjected to rigors of criminal trial, it will
immensely disturb peace prevailing in society and the same will
also affect our future prospects of better life.
4. In the facts and circumstances as narrated above, I my
free will, wish and desire stating on oath that I do not wish to
prosecute the criminal proceedings with the Applicants as the
dispute and differences between us have been amicably settled
and resolved peacefully. I state that this Misc. Criminal
Application for quashing the complaint F.I.R BEING C.R.NO.
11191048251056 OF 2025 REGISTERED WITH Sarkhej POLICE
NEUTRAL CITATION
R/CR.MA/26828/2025 ORDER DATED: 30/03/2026
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STATION, AHMEDABAD CITY, DATED 06.12.2025 inter alia
alleging the offences punishable under Sections 115(2), 351(3)
and 296(b) of Bhartiya Nyay Sanhita, 2023 and its proceedings
be allowed in the interest of justice."
9. The relevant paragraphs of the affidavit filed by the
victims Dosani Alfaz Mohammadbhai and Jahangir Karimbhai
Khasala, read thus :
"2. I say that I have settled the dispute and differences with the
Applicants and I do not wish to go on with the complaint lodged
by my friend i.e. original complainant against them as the issues
between us are amicably settled outside of the Court in the
presence of elder of our society and also in presence of respected
persons of the Community. I further say and submit that FIR in
question was lodged by me out of desperation, anger, anxiety,
tenseness and nervousness. I say that offence is in private in
nature and public tranquility does not affect at all.
3. I say that after lodging of impugned FIR, the respected
elders of our society and friends have intervene and it is realized
the nature of hardships and inconvenience, socially and mentally,
it will cause to both sides. If the criminal proceedings continue
and both the sides are subjected to rigors of criminal trial, it will
immensely disturb peace prevailing in society and the same will
also affect our future prospects of better life.
4. In the facts and circumstances as narrated above, I my
free will, wish and desire stating on oath that I do not wish to
prosecute the criminal proceedings with the Applicants as the
dispute and differences between us have been amicably settled
and resolved peacefully. I state that this Misc. Criminal
Application for quashing the complaint FIR BEING CR.NO.
11191048251056 OF 2025 REGISTERED WITH Sarkhej POLICE
STATION, AHMEDABAD CITY, DATED 06.12.2025 inter alia
alleging the offences punishable under Sections 115(2), 351(3)
and 296(b) of Bhartiya Nyay Sanhita, 2023 and its proceedings
be allowed in the interest of justice."
10. Having heard learned advocates appearing for the
respective parties as well as considering the facts and
NEUTRAL CITATION
R/CR.MA/26828/2025 ORDER DATED: 30/03/2026
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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 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 would amount to abuse of process of law.
Hence, to secure the ends of justice, the impugned FIR and all
other consequential criminal 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.
11. In the result, the application is allowed. The First
Information Report No. 11191048251056 of 2025 registered
with the Sarkhej Police Station, Ahmedabad City, for the
offences punishable under Sections 115(2), 351(3), 296(b) of the
Bharatiya Nyaya Sanhita, 2023, as well as all other
NEUTRAL CITATION
R/CR.MA/26828/2025 ORDER DATED: 30/03/2026
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consequential proceedings arising pursuant thereto are hereby
ordered to be quashed and set-aside, qua the present applicants
only.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
AMAR SINGH
