[Cites 5, Cited by 0]
Gujarat High Court
Rafik Mohammad Langha vs State Of Gujarat on 13 May, 2026
NEUTRAL CITATION
R/SCR.A/6853/2026 ORDER DATED: 13/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6853 of 2026
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RAFIK MOHAMMAD LANGHA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1,2,3,4,5,6
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
MS HIMANI PARIKH for Respondent No.2
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 13/05/2026
ORAL ORDER
1. By way of this application under Section 528 of the
Bharatiya Nagarik Nayaya Sanhita, 2023, the applicants have
prayed to quash and set aside the complaint being FIR
No.C.R.No.11993004260392 of 2026 registered with Bhachau
Police Station, East Kachchh-Gandhidham for the offences
under Sections 115 (2), 118 (1), 351 (3), 296 (b), 189 (2), 191
(2), 191 (3), 190 and 310 (2) of the Bharatiya Nyaya Sanhita
2023 and Section 135 of the Gujarat Police Act and all the
consequential proceedings arising therefrom.
2. Heard Mr.Kamlesh Kotai for the petitioners. Learned
advocate Ms.Himani Parikh has instructions to appear on
behalf of respondent no.2-original complainant and she will be
filing her Vakalatnama. The registry shall accept the
Vakalatnama of Ms.Parikh.
3. Rule. Learned APP and learned advocate for respondent
no.2 waive service of Rule on behalf of the respective
respondents.
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R/SCR.A/6853/2026 ORDER DATED: 13/05/2026
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4. At the outset, Ms.Himani Parikh, learned advocate for the
complainant would submit copies of the affidavits dated
8.5.2026 filed by respondent no.2-original complainant and the
injured victim-Raghabhai Samabhai Rabari, which are taken on
record. As per the said affidavits, the complainant and the
injured victim have declared before this Court that they have
amicably settled the dispute with the petitioners-accused.
Respondent no.2-Govindbhai Rupabhai Rabari, original
complainant and the injured victim-Raghabhai Samabhai
Rabari are present before the Court through video
conferencing and they are identified by learned advocate
Ms.Himani Parikh.
5. Per contra, Mr.Kamlesh Kotai, learned advocate for the
petitioners-accused would state that with the intervention of
elders, relatives and friends of both the sides, the dispute is
amicably settled between the parties and the complainant as
well as the injured victim have no objection if the complaint
and all consequential proceedings are quashed and set aside
qua the petitioners.
6. Both the learned advocates have jointly requested this
Court to accept the aforesaid settlement and may quash and
set aside the complaint and all consequential proceedings
arising out of it, qua the present petitioners.
7. Learned APP has submitted that so far as petitioner no.5,
Gafur Ahmad Kumbhar is concerned, there are two complaints
against him with regard to offence of breach of provisions of
NEUTRAL CITATION
R/SCR.A/6853/2026 ORDER DATED: 13/05/2026
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Motor Vehicles Act, registered with Bhachau Police Station. She
would submit that appropriate order may be passed in the
interest of justice.
8. Having heard learned advocates for the respective
parties and taking note of the fact that the the dispute is
amicably settled between the parties and the complainant as
well as the injured victim have no objection if the complaint
and all consequential proceedings are quashed and set aside
qua the petitioners, as well as 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), it appears that further
continuation of criminal proceedings in relation to the
impugned FIR against the applicants would be unnecessary
harassment to the applicants. It appears that the trial would be
futile and further continuance of the proceedings pursuant to
the impugned FIR would amount to abuse of process of law
and Court and hence, to secure the ends of justice, the
impugned FIR and other consequential proceedings are
required to be quashed and set aside.
9. In view of the aforesaid, FIR being
C.R.No.11993004260392 of 2026 registered with Bhachau
Police Station, East Kachchh-Gandhidham dated 28.4.2026 is
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R/SCR.A/6853/2026 ORDER DATED: 13/05/2026
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hereby quashed and set aside along with all consequential
proceedings arising therefrom qua the present petitioners. The
jail authority concerned is directed to release the petitioners
forthwith, if they are in jail and not required in connection with
any other offence.
10. Accordingly, present Special Criminal Application is
allowed. Rule is made absolute to aforesaid extent. Direct
service is permitted today.
(MAULIK J.SHELAT,J)
R.S. MALEK
