[Cites 10, Cited by 0]
Gujarat High Court
Viral Lalajibhai Gala (Viral Nanjibhai ... vs State Of Gujarat on 4 May, 2026
NEUTRAL CITATION
R/CR.MA/10312/2026 ORDER DATED: 04/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
10312 of 2026
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VIRAL LALAJIBHAI GALA (VIRAL NANJIBHAI @ LALAJIBHAI GALA)
Versus
STATE OF GUJARAT & ANR.
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Appearance:
CHIRAG A PRAJAPATI(8468) for the Applicant(s) No. 1
MR.RONAK RAVAL, APP for the Respondent(s) No. 1
MS.MAMTA RAJPUT for the Respondent(s) No.2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 04/05/2026
ORAL ORDER
1. Rule returnable forthwith. Learned APP Mr.Raval waives
service of Rule on behalf of respondent no.1 and learned
advocate Ms.Mamta Prajapati waives service of Rule on
behalf of respondent no.2.
2. The present application is filed under section 528 of
Bharatiya Nagrik Suraksha Sanhita, 2023 for quashment
of fir being CR No.11216001240309/2024 registered
with Adalaj Police Station, Gandhinagar.
3. At the outset it is submitted by learned advocate for the
applicant that the dispute is amicably settled between
the parties and the complainant has not supported the
case of the prosecution before the learned trial court
and they were declared hostile. Learned advocate,
NEUTRAL CITATION
R/CR.MA/10312/2026 ORDER DATED: 04/05/2026
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appearing for the complainant, has supported the above
submission and has given consent for quashment of the
present FIR. Learned advocate for the complainant has
further drawn the attention of this Court with regard to
the affidavit filed by the complainant, which is part of
the memo at page 41.
4. This Court has referred the affidavit filed by the
complainant, which is reproduced hereinbelow:
"1. Yuvraj Hiralal Rajput @ Navyade Kohinoorde Paavaiya, Aged
about 32 years, Gender: Male Residing at: Jashwant Colony,
opposite Khodiyar Mata Temple, Naroda, Ahmedabad., the
Respondent no. 2 herein, on solemn affirmation states on oath as
under:
1. I say that I have gone through the copy of the quashing
application filed by the Applicant and after having understood
content thereof I am filing the present affidavit.
2. I say that I am the only complainant in the incident narrated
in FIR No. 11216001240309 dated 06.05.2024 registered with
Adalaj Police Station, Gandhinagar under section 307, 323, 324,
504 of the IPC and Section 135 of the G.P. Act and consequential
proceedings for Criminal Case (Session) No. 81 of 2024, which is
pending before the Learned Session Court, Gandhinagar.
3. I say that, I and applicant have arrived an amicable settlement
between the issue due to intervention of friends and well-wishers
and have decided to resolve all disputes and as such the applicant
had no role to play in the alleged offence.
4. I have no grievances against the present Applicant as all the
NEUTRAL CITATION
R/CR.MA/10312/2026 ORDER DATED: 04/05/2026
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disputes are settled between me and the Applicant herein.
5. I say that, I have no objection whatsoever if the FIR No.
11216001240309 dated 06.05.2024 registered with Adalaj Police
Station, Gandhinagar under section 307, 323, 324, 504 of the IPC
and Section 135 of the G.P. Act and all consequential proceedings
for Criminal Case (Session) No. 81 of 202 is pending before the
Learned Session Court, Gandhinagar are quashed and set aside
with my consent
6. I say that I have settled the matter with the Applicant. I say
that therefore the present affidavit is filed to give consent for
quashing of the FIR No. 11216001240309 dated 06.05.2024
registered with Adalaj Police Station, Gandhinagar under section
307, 323, 324, 504 of the IPC and Section 135 of the G.P. Act
and all consequential proceedings for Criminal Case (Session) No.
81 of 202 which is pending before the Learned Session Court,
Gandhinagar and therefore I am filing the present affidavit,
7. I say that I have settled the matter with intervention of friends
and well-wishers along with there was cross-FIR filed against me
and my team-mates bearing registered at Adalaj Police Station as
C.R. No. 11216001240308/2024, under Sections 323, 504, 506(2)
and 114 of the Indian Penal Code, 1860 read with Section 135 of
the Gujarat Police Act wherein applicant would give consent for
quashing the aforesaid FIR and therefore I am filing the present
affidavit.
8. I say that no grievances exist between the parties, since the
matter is settled."
5. Having heard learned counsel appearing for the
respective parties, as well as considering the facts and
circumstances arising out of the present application and
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R/CR.MA/10312/2026 ORDER DATED: 04/05/2026
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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 and Narinder Singh & Ors. Vs. State of
Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as
well as 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 and the Criminal Case against the
applicants-accused would be an unnecessary harassment
to the applicants-accused. It further appears that the
trial would be a futile exercise and further continuing
with the criminal proceedings pursuant to the impugned
FIR and 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 are
required to be quashed and set aside in exercise of the
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R/CR.MA/10312/2026 ORDER DATED: 04/05/2026
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powers conferred under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
6. It is true that the allegations against the present
applicant is related to the offence punishable under
section 307 of IPC however, considering the nature of
injury and the fact that the complainant did not support
the case of the prosecution before the learned trial court
and as per the settlement affidavit filed before this
Court, this Court is of the opinion that the continuation
of proceedings would be abuse of process of law
therefore present application deserves to be allowed.
7. In view of the above, the impugned FIR being CR
No.11216001240309/2024 registered with Adalaj Police
Station, Gandhinagar is quashed. Accordingly, all the
consequential proceedings are hereby quashed and set
aside. Rule is made absolute.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
