[Cites 3, Cited by 0]
Gujarat High Court
Dharmendra Kanjibhai Machhi vs State Of Gujarat on 15 May, 2026
NEUTRAL CITATION
R/CR.MA/11654/2026 ORDER DATED: 15/05/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 11654 of 2026
==========================================================
DHARMENDRA KANJIBHAI MACHHI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR.JITAYU H YAGNIK(20826) for the Applicant(s) No. 1
MS MAMTA R VYAS(994) for the Applicant(s) No. 1
MS VRUNDA SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE MAULIK J. SHELAT
Date : 15/05/2026
ORAL ORDER
1. At the outset, Mr. Kaushik Barot, learned Advocate, would
state that he has received instructions to appear on behalf of
respondent No.2 and he will file his appearance during the
course of day. The Registry shall accept his vakalatnama.
2. Heard Mr. Jitayu H. Yagnik, learned Advocate for the
applicant, Ms. Vrunda Shah, learned Addl. Public Prosecutor
for the respondent No.1, and Mr. Kaushik Barot, learned
Advocate for the respondent No.2.
3. RULE. Ms. Vrunda Shah, learned Addl. Public Prosecutor,
would waive service of Rule on behalf of respondent No.1 and
NEUTRAL CITATION
R/CR.MA/11654/2026 ORDER DATED: 15/05/2026
undefined
Mr. Kaushik Barot, learned Advocate, waives service of notice
of Rule on behalf of respondent No.2.
4. The present petition is filed under Section 528 of the BNSS,
seeking the following reliefs:
"(a) YOUR LORDSHIPS be pleased to quash the First Information
Report bearing C. R. No 11191004260348/2026 registered with
the Amraivadi Police Station, Ahmedabad City in exercise of the
inherent powers of this Hon'ble Court under Section 528 of BNSS.
(b) YOUR LORDSHIPS be pleased to stay the further proceedings
arising from First Information Report bearing C. R. No
11191004260348/2026 registered with the Amraivadi Police
Station, Ahmedabad City and further be pleased to issue direction
of no coercive steps against petitioner, pending admission, hearing
and final disposal of the petition.
(c) YOUR LORDSHIPS be pleased to grant such other and further
relief as may be deemed fit in the interest of justice."
5. The respondent No.2 appears to have filed complaint being CR
No 11191004260348/2026 under Sections 316(3), 318(2) of BNS
and Section 66 of the information Technology Amendment Act
2008 before the Amraivadi Police Station, Ahmedabad City,
against the applicant.
6. Prima facie, it appears that there is a commercial transaction
between the parties and they have inter se settled the dispute.
NEUTRAL CITATION
R/CR.MA/11654/2026 ORDER DATED: 15/05/2026
undefined
The respondent No.2 - original complainant, who has joined
through video conferencing and identified by Mr. Barot,
learned Advocate for the respondent No.2, confirmed that he
has no objection if this Court will quash the impugned
complaint. The complainant has also tendered the affidavit in
this regard, which is taken on record.
7. Upon asking, Ms. Vrunda Shah, learned Addl. Public
Prosecutor, would confirm that there is no antecedent of the
present applicant.
8. Having heard learned Advocates appearing for the respective
parties and taking note of the fact that the dispute is amicably
settled between the parties and the complainant has no
objection if this Court will quash the impugned complaint, 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
NEUTRAL CITATION
R/CR.MA/11654/2026 ORDER DATED: 15/05/2026
undefined
of criminal proceedings in relation to the impugned FIR
against the applicant/petitioner would be unnecessary
harassment to the applicant/petitioner. 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.
11191004260348/2026 registered with Amraivadi Police
Station, Ahmedabad City dated 30.4.2026 is hereby quashed
and set aside along with all consequential proceedings arising
therefrom qua the present petitioner. The jail authority
concerned is directed to release the petitioner forthwith, if he is
in jail and not required in connection with any other offence.
10. Accordingly, present Criminal Misc. Application is allowed.
Rule is made absolute, to the aforesaid extent. Direct service is
permitted.
(MAULIK J. SHELAT,J)
NILESH
