[Cites 7, Cited by 0]
Gujarat High Court
Bharatsinh Narubha Jadeja vs Girishbhai Mohanbhai Kansondra ... on 22 May, 2026
NEUTRAL CITATION
R/CR.MA/11862/2026 ORDER DATED: 22/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 11862 of 2026
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BHARATSINH NARUBHA JADEJA
Versus
GIRISHBHAI MOHANBHAI KANSONDRA (PATEL) & ANR.
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Appearance:
MR JAIMIN A MEHTA(10552) for the Applicant(s) No. 1
MR MANAN MAHETA, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 22/05/2026
ORAL ORDER
1. Learned advocate Ms. Kinjal P. Shukla submits that she
has instructions to appear on behalf of the respondent no.1 -
complainant. She is permitted to file her appearance. Registry
shall accept her vakalatnama.
2. By way of filing the present application under Section 528
of the Bharatiya Nagarik Suraksha Sanhita, 2023, the
applicant-accused has prayed to quash and set-aside the First
Information Report No.11213006260220 of 2026 registered
with the Bhayavadar Police Station, District - Rajkot (Rural), for
the offences punishable under Sections 308(5), 351(2), 351(3)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and under
Section 33, 40 and 42 of the Gujarat Money Lenders Act, 2011,
NEUTRAL CITATION
R/CR.MA/11862/2026 ORDER DATED: 22/05/2026
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as well as all other consequential proceedings arising pursuant
thereto.
3. Today, when the matter is called out, the complainant,
who is personally present before this Court, has produced his
identity proof as well as the affidavit, which are ordered to be
taken on record. In the said affidavit, the complainant has
categorically stated that the dispute between him and the
applicant-accused has been amicably resolved 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 applicant, 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
Maheta waives service of notice of rule for and on behalf of the
respondent no.2 - State and learned advocate Ms. Kinjal
Shukla waives service of notice of rule for and on behalf of the
respondent no.1 - complainant.
NEUTRAL CITATION
R/CR.MA/11862/2026 ORDER DATED: 22/05/2026
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6. The complainant, who is personally present before this
Court, has categorically stated that the dispute has been
amicably resolved with the applicant 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 - Girishbhai Mohanbhai Kansondra (Patel), read
thus:
"1. I am the original complainant in FIR being C.R. No.
11213006260220/2026 registered at Bhayavadar Police Station, Rajkot
Rural.
2. I say that I have received back my tractor, Bank cheque book of state
bank of India, letter of undertaking for returning of money, shades from
the present petitioner. The petitioner and his relatives gave him the
reassurance that they will never ask for the said money from me and will
not harass or threaten me in any way. Therefore, I have arrived at a
decision to settle this matter amicably and I am doing so with free consent
and without any coercion or undue influence by anyone.
3. I say that due to financial misunderstanding, I had lodged the said FIR
against two persons, mostly all allegations of threats and criminal
intimidation is on accused no.01 only not on the accused no.02. However,
with the passage of time and with the intervention of villagers and elders, I
have amicably resolved all issues with the present Petitioner - Bharatsinh
Narubha Jadeja (Accused No. 2) only.
4. I say that contents of the petition have been read over and explained to
me in detail in vernacular language. That the contents of the petition are
absolutely true and I support the same.
5. I say that I have some financial dispute with the present petitioner and
the above mentioned FIR came to registered but due to the intervention of
the friends, family members the dispute is resolved between me and the
present petitioner therefore now I am not interested in prosecuting further
i.e. the FIR and the Impugned proceeding thereto and if the same are
quashed and set aside than I have no objection."
NEUTRAL CITATION
R/CR.MA/11862/2026 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/CR.MA/11862/2026 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.11213006260220 of 2026
registered with the Bhayavadar Police Station, District - Rajkot
(Rural), for the offences punishable under Sections 308(5),
351(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023,
and under Section 33, 40 and 42 of the Gujarat Money Lenders
Act, 2011, as well as all other consequential proceedings
arising pursuant thereto, are hereby ordered to be quashed
and set-aside qua the present applicant.
11. The Authority shall release the present applicant from
judicial custody forthwith, if he is not required in any other
case.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DEEPAK GEHLOT
