[Cites 9, Cited by 0]
Gujarat High Court
Umangbhai Dipakbhai Kansara ... vs State Of Gujarat on 30 March, 2026
NEUTRAL CITATION
R/CR.MA/7345/2026 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. 7345
of 2026
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UMANGBHAI DIPAKBHAI KANSARA (GORAKHIYA) & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ANKIT V DIXIT(10019) for the Applicant(s) No. 1,2,3
MR ARUNKUMAR L AAHIR(10173) for the Applicant(s) No. 1,2,3
MS. KRINA P. CALLA, 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 Ms. Ansuya K. Makwana appears and
submits that she has instructions to appear on behalf of the
respondent no.2 - original complainant. She is permitted to file
her appearance. Registry shall accept her 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
applicants-accused seeks to invoke the inherent powers of this
Court, praying to quash and set-aside the First Information
Report No. 11196016230392 of 2023 registered with the
Makarpura Police Station, Vadodara City, for the offences
punishable under Sections 354, 323, 294(b), 506(2), 114 of the
NEUTRAL CITATION
R/CR.MA/7345/2026 ORDER DATED: 30/03/2026
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Indian Penal Code as well as the proceedings of the Criminal
Case No. 114919 of 2024 pending in the Court of the learned
Chief Judicial Magistrate and Additional Senior Civil Judge,
Vadodara, so also all other consequential proceedings arising
pursuant thereto.
3. Today, when the matter is called out, the complainant is
present before this Court through virtual mode. She has also
filed an affidavit, which is annexed at Annexure 'B' 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 Ms. Krina Calla
waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Ms. Ansuya K.
Makwana waives service of notice of rule for and on behalf of
the respondent no.2 - complainant.
NEUTRAL CITATION
R/CR.MA/7345/2026 ORDER DATED: 30/03/2026
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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
impugned FIR as well as the proceedings of the Criminal Case
may be quashed and set-aside.
7. The complainant, who is present in the Court through
virtual mode, has categorically stated before this Court that she
has no objection if the application is allowed and the impugned
FIR 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.
8. The relevant paragraphs of the affidavit filed by the
complainant read thus :
"2) I say that subsequent to registering of the FIR, amicable
settlement has been arrived at between me and the petitioner-
accused upon intervention of elderly members and reputed
persons. I say that I have filed the above FIR in haste due to
misunderstanding. I say that now, I have no any grievance
against the petitioner.
3) I say that in the circumstances, I have no objection if the
impugned FIR and all proceedings in pursuance thereto against
the petitioner are quashed by this Hon'ble Court. I have no
grievance against the accused person and this Hon'ble Court may
be pleased to allow the petition, as prayed for."
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
NEUTRAL CITATION
R/CR.MA/7345/2026 ORDER DATED: 30/03/2026
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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 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 as well as the
Criminal Case would amount to abuse of process of law. Hence,
to secure the ends of justice, the impugned FIR 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.
10. In the result, the application is allowed. The First
Information Report No. 11196016230392 of 2023 registered
with the Makarpura Police Station, Vadodara City, for the
offences punishable under Sections 354, 323, 294(b), 506(2),
114 of the Indian Penal Code as well as the proceedings of the
NEUTRAL CITATION
R/CR.MA/7345/2026 ORDER DATED: 30/03/2026
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Criminal Case No. 114919 of 2024 pending in the Court of the
learned Chief Judicial Magistrate and Additional Senior Civil
Judge, Vadodara, so also all other consequential proceedings
arising pursuant thereto are hereby ordered to be quashed and
set-aside, qua the present applicants only.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
AMAR SINGH
