[Cites 2, Cited by 0]
Gujarat High Court
Rishabh Brijendra Sharma vs State Of Gujarat on 22 May, 2026
NEUTRAL CITATION
R/SCR.A/5949/2026 ORDER DATED: 22/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5949 of 2026
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RISHABH BRIJENDRA SHARMA & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1,2
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 22/05/2026
ORAL ORDER
1. Learned advocate Mr. D.K. Trivedi submits that he has
instructions to appear on behalf of the respondent no.2 -
complainant. He is permitted to file his appearance. Registry
shall accept his vakalatnama.
2. By way of filing the present application under Section 528
of the Bharatiya Nagarik Suraksha Sanhita, 2023, the
applicants-accused have prayed to quash and set-aside the
First Information Report No.11993006260359 of 2026
registered with the Gandhidham 'A' Division Police Station,
District - Kachchh, for the offences punishable under Sections
316(4), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita,
2023, as well as all other consequential proceedings arising
NEUTRAL CITATION
R/SCR.A/5949/2026 ORDER DATED: 22/05/2026
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pursuant thereto.
3. Learned advocate Mr. Maulik Soni appearing for the
applicants has submitted that the present application was
initially filed on merits. However, during the pendency of the
proceedings, the dispute has been amicably settled between
the parties. It is further submitted that the applicants have
already paid an amount of Rs.1,66,00,000/- and have also
given a cheque bearing Cheque No.106617 dated 01.06.2026
for the remaining amount of Rs.8,50,000/- to the respondent
no.2 - complainant.
4. Learned advocate Mr. Trivedi appearing for the
respondent no.2 - complainant, has tendered a copy of the
affidavit of the complainant, namely, Deepak Kishanlal Manuja,
dated 21.05.2026 and has produced his identity proof. The
same are ordered to be taken on record.
5. Today, when the matter is called out, the complainant is
virtually present before this Court and has admitted the
contents of his affidavit. He has submitted that he has received
the amount of Rs.1,66,00,000/- and a cheque of Rs.8,50,000/-.
NEUTRAL CITATION
R/SCR.A/5949/2026 ORDER DATED: 22/05/2026
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He has further submitted that the dispute between him and
the applicants-accused has been amicably resolved and there
is no ill-will or any grievance amongst them.
6. Considering the issue involved in the present application
as well as considering the fact that the dispute has been
amicably resolved with the applicants, with the consent of the
learned advocates appearing for the respective parties, the
present application is taken up for final disposal.
7. RULE returnable forthwith. Learned APP Mr. Manan
Maheta waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Mr. Trivedi
waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
8. The complainant, who is virtually present before this
Court, has categorically stated that the dispute has been
amicably resolved between the parties and he has no objection
if the application is allowed and the impugned FIR is quashed
and set-aside.
NEUTRAL CITATION
R/SCR.A/5949/2026 ORDER DATED: 22/05/2026
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9. The relevant paragraphs of the affidavit filed by the
complainant - Deepak Kishanlal manuja, read thus:
"3. I further state that the applicants have agreed to repay the entire
disputed amount of ₹1,74,50,000/-.
4. I state that out of the said amount, a sum of ₹1,66,00,000/- has already
been credited to my bank account bearing No. 045361900010822 in my
full satisfaction.
5. I further state that the applicants have given me a Cheque dated
01.06.2026 for the remaining amount of ₹8,50,000/- bearing Cheque No.
106617 which has been accepted by me.
I, therefore, state that I have no objection if the FIR being C.R. No. I-
1993006260359/2026 registered with Gandhidham "A" Division Police
Station, District Kachchh and all consequential proceedings arising
therefrom are quashed and set aside by this Hon'ble High Court."
10. Thus, it appears from the aforesaid that to continue
further with the proceedings pursuant to the impugned FIR
would be a futile exercise and the same would amount to
abuse of process of law.
11. Having heard learned advocates appearing for the
respective parties as well as considering the facts and
circumstances arising out of the present application and taking
into consideration the decisions rendered in the cases of Gian
Singh vs. State of Punjab & Another, reported in (2012) 10
SCC 303, Madan Mohan Abbot vs. State of Punjab,
reported in (2008) 4 SCC 582, Nikhil Merchant vs. Central
NEUTRAL CITATION
R/SCR.A/5949/2026 ORDER DATED: 22/05/2026
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Bureau of Investigation & Another, reported in (2009) 1
GLH 31, Manoj Sharma vs. State & Others, reported in
(2009) 1 GLH 190, and Narinder Singh & Others vs. State
of Punjab & Another, 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 pursuant to the impugned FIR would be a
futile exercise and the same would amount to abuse of process
of law. Hence, to secure the ends of justice, the impugned FIR
and all other consequential proceedings arising pursuant
thereto are required to be quashed and set-aside in exercise of
the powers conferred under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
12. In the result, the application is allowed. The proceedings
of the First Information Report No.11993006260359 of 2026
registered with the Gandhidham 'A' Division Police Station,
District - Kachchh, for the offences punishable under Sections
316(4), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita,
2023, as well as all other consequential proceedings arising
pursuant thereto, are hereby ordered to be quashed and set-
aside qua the present applicants.
NEUTRAL CITATION
R/SCR.A/5949/2026 ORDER DATED: 22/05/2026
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13. Learned advocate Mr. Trivedi appearing for the
respondent no.2 - complainant is directed to place on record
the original affidavit of the complainant within one week from
the date of this order.
14. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DEEPAK GEHLOT
