Gaurav Prakashchand Jain vs State Of Gujarat on 7 May, 2026

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                           R/CR.MA/11072/2026                                    ORDER DATED: 07/05/2026

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                          FIR/ORDER) NO. 11072 of 2026

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                                                  GAURAV PRAKASHCHAND JAIN
                                                            Versus
                                                   STATE OF GUJARAT & ANR.
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                      Appearance:
                      MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
                      MR. RONAK RAVAL, APP for the Respondent(s) No. 1
                      MR. JESAL B. MAIWALA for the Respondent No.2
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                         CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                                                            Date : 07/05/2026

                                                                 ORAL ORDER

1. The present application is filed for quashment of FIR

being I-CR No.62 of 2016 registered at Pandesara Police

Station, District: Surat.

2. Rule returnable forthwith. Learned APP waives service

of Rule on behalf of the Respondent State.

3. At the outset, it is submitted by learned advocates for

the respective parties that dispute is amicably resolved

between the parties and complainant has given consent

to quash the FIR qua the present applicant. Learned

advocate Mr. Jesal B. Maiwala appearing for the

respondent no.2 has supported the submission of the

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learned advocate for the applicant and drawn the

attention of this Court upon the affidavit of the

complainant which is at page-10. It is also submitted

that there are no other victims and no other antecedents

similar in nature.

4. This Court has noted the presence of the complainant

through video conference and has referred the affidavit

of the complainant at page-10, which is reproduced

hereinbelow:

"1. I am the Original Complainant herein, I am fully conversant with the Facts and Circumstances of the case and I am duly competent to file this Affidavit.

2. I say that I have gone through the Memo of Petition and the Facts and Grounds stated in the Memo of Petition are not disputed by me. At the outset I say and submit that the disputes and grievances of both the sides have been amicably settled and I do not wish to prosecute the petitioners any further with respect to the F.I.R. dated 18.03.2016 being C.R. No. 62 of 2016 registered with Pandesara Police Station, District: Surat for the offence punishable Under Section 406, 420, 409, 120-B, 114 and 411 of the Indian Penal Code, 1860 as well as for Quashing of Charge Sheet and Criminal Case No. 59840 of 2022 which is pending before the Ld. 8th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, at Surat, District: Surat and the other consequential proceeding arising out of the same F.I.R.;

3. I say that the there was no enmity between myself and the Present Petitioner. I say that I have settled the dispute

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with them and I do not wish to rather prosecute the F.I.R. against Petitioner because both family members realized there mistake.

4. I say that after registration of the impugned F.I.R., a meeting took place between my family and me members in presence of common friends and well wishers and the misunderstanding between us got cleared. Accordingly, the matter has been resolved and an amicable settlement has been arrived at between the parties so as to maintain harmony, peaceful and healthy personal relationships in future. In view of amicable settlement, I have also agreed to support the Petitioner in respect of prosecution initiated against the petitioners on the basis of impugned F.I.R. and as per the mutual understanding and settlement, I have agreed to give consent for quashing of impugned F.I.R. and other proceedings, Thus, I do not want to prosecute the impugned FIR and other proceedings against the all Petitioner.

5. In the facts and circumstances as narrated above, I at my free will, wish and desire am stating on oath that I do not wish to prosecute the criminal proceedings with petitioners as the dispute between us has been amicably settled. I state that F.I.R. dated 18.03.2016 being C.R. No. 62 of 2016 registered with Pandesara Police Station, District: Surat for the offence punishable Under Section 406, 420, 409, 120-B, 114 and 411 of the Indian Penal Code, 1860 as well as for Quashing of Charge Sheet and Criminal Case No. 59840 of 2022 which is pending before the Ld. 8th Additional Senior Civil Judge & Additional Chief Judicial Magistrate, at Surat, District: Surat and the other consequential proceeding arising out of the same F.I.R. kindly be quashed. "

5. Having heard the learned advocates appearing for the

respective parties, considering the facts and

circumstances arising out of the present application as

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well as taking into consideration the decisions rendered

by the Apex Court 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)