[Cites 11, Cited by 0]
Gujarat High Court
Kanabhai @Pradipbhai Mansingbhai ... vs State Of Gujarat on 22 May, 2026
NEUTRAL CITATION
R/SCR.A/7265/2026 ORDER DATED: 22/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
7265 of 2026
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KANABHAI @PRADIPBHAI MANSINGBHAI DHANDHAL & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. DASHRATH CHAUHAN(2123) for the Applicant(s) No. 1,2,3,4
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.Kaushal N. Dave 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.11190006260269 of 2026
registered with the Ranpur Police Station, District - Botad, for
the offences punishable under Sections 115(2), 117(2), 118(2),
189(2), 189(4), 190, 191(3), 351(3), 310(2), 311 and 61(2) of
the Bharatiya Nyaya Sanhita, 2023, under Section 135 of the
NEUTRAL CITATION
R/SCR.A/7265/2026 ORDER DATED: 22/05/2026
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Gujarat Police Act, and under Section 25(1-b)(a) of the Arms
Act, as well as all other consequential proceedings arising
pursuant thereto.
3. Today, when the matter is called out, the complainant is
virtually present before this Court. Learned advocate Mr. Dave
appearing on his behalf has produced his identity proof, which
is ordered to be taken on record. The affidavit of the
complainant is annexed at Annexure - B to the application. In
the said affidavit, the complainant has categorically stated that
the dispute between him and the applicants-accused has been
amicably resolved. He has further submitted that he has
received the entire amount of Rs.46,400/- from the applicants
and there is no ill-will or any grievance amongst them.
4. 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.
5. RULE returnable forthwith. Learned APP Mr. Manan
NEUTRAL CITATION
R/SCR.A/7265/2026 ORDER DATED: 22/05/2026
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Maheta waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Mr. Kaushal
Dave waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
6. 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.
7. The relevant paragraphs of the affidavit filed by the
complainant - Mustakbhai Rajakbhai Makad, read thus :
"2. I say and submit that petitioners and myself are residing in same area.
I say that on account of the settlement arrived at between the Petitioners
and me with intervention of the relatives, friends, elderly both community
peoples and also locality people of both the sides there remains no
dispute between the Petitioners and me and the same has now been
resolved. I say that to this effect I have filed an affidavit and requested this
Hon'ble Court that I am not interested to proceed further in connection
with aforesaid FIR.
5. I respectfully say and submit that I have no any objection on quashing
of FIR to the present petitioners and submits my consent for quashing of
FIR of the petitioners before this Hon'ble Court.
6. I say and submit that I have no objection if the said petition by way of
quashing the FIR by this Hon'ble Court by way of allowing the present
application."
NEUTRAL CITATION
R/SCR.A/7265/2026 ORDER DATED: 22/05/2026
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8. 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.
9. 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
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
NEUTRAL CITATION
R/SCR.A/7265/2026 ORDER DATED: 22/05/2026
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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.
10. In the result, the application is allowed. The proceedings
of the First Information Report No.11190006260269 of 2026
registered with the Ranpur Police Station, District - Botad, for
the offences punishable under Sections 115(2), 117(2), 118(2),
189(2), 189(4), 190, 191(3), 351(3), 310(2), 311 and 61(2) of
the Bharatiya Nyaya Sanhita, 2023, under Section 135 of the
Gujarat Police Act, and under Section 25(1-b)(a) of the Arms
Act, as well as all other consequential proceedings arising
pursuant thereto, are hereby ordered to be quashed and set-
aside qua the present applicants.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DEEPAK GEHLOT
