Citation : 2026 Latest Caselaw 3680 Guj
Judgement Date : 15 May, 2026
NEUTRAL CITATION
R/CR.MA/11728/2026 ORDER DATED: 15/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT
QUASHING) NO. 11728 of 2026
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TARUNPALSINGH RAVINDRAPALSINGH JAGGI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NARENDRA L JAIN(5647) for the Applicant(s) No. 1
MS. VRUNDA SHAH, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE MAULIK J.SHELAT
Date : 15/05/2026
ORAL ORDER
1. Learned advocate Mr. Harsh Prajapati, states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama, which is granted. He is permitted to file his appearance and Registry to accept the same.
2. Heard learned advocates for the respective parties.
3. Rule. Learned APP Ms. Shah as also learned advocate Mr. Prajapati, waive service of notice of Rule for and on behalf of the respective respondents.
4. Considering the facts and circumstances of the case and since it is jointly stated at the bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith.
NEUTRAL CITATION
R/CR.MA/11728/2026 ORDER DATED: 15/05/2026
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5. By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') the applicant has prayed to quash and set aside the impugned FIR being C.R.No.11216022260233 of 2026 registered with Kalol Taluka Police Station, District - Gandhinagar for the offences punishable under Sections 316(2), 316(4), 316(5), 318(4) and 54 of the Bharatiya Nyaya Sanhita, 2023 and all the consequential proceedings arising therefrom.
6. Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit dated 14.05.2026, which is ordered to be taken on record. The original complainant is present before the Court and duly identified by learned advocate Mr. Prajapati. In the Affidavit, the original complainant has categorically stated that the dispute between the parties has been amicably resolved through intervention of the respected members and elders and the complainant - company has received the entire outstanding amount of Rs.34,18,887/- towards full and final settlement vide RTGS transaction on 13.05.2026 and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them.
7. Having heard learned advocates on both the sides and considering the facts and circumstances of the case as also the principle laid down by the Apex Court in the cases of - (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012)
NEUTRAL CITATION
R/CR.MA/11728/2026 ORDER DATED: 15/05/2026
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10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), in the opinion of this Court, the further continuation of criminal proceedings against the applicant in relation to the impugned FIR would cause unnecessary harassment to the applicant. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 528 of the BNSS.
8. In the result, the application is allowed. The impugned FIR being C.R.No.11216022260233 of 2026 registered with Kalol Taluka Police Station, District - Gandhinagar as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant herein. If the applicant is in jail, the jail authority concerned is directed to release the applicant forthwith, if not required in connection with any other case.
9. Rule is made absolute. Direct service TODAY is permitted.
(MAULIK J.SHELAT,J) Lalji Desai
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