High Court of Gujarat
MAYURSINH HARISINH KIRVATSINH RAULJIversusSTATE OF GUJARAT
- Decided
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- M K THAKKER
Holding
The FIR and all related proceedings are quashed and set aside as their continuation would be an abuse of process.
Summary
The petitioners filed a criminal miscellaneous application seeking quashment of FIR No.11204021220111 (2022) registered at Dakor police station for offences under IPC Sections 467, 468, 471 and 114. The original complainant, who is also the victim, submitted an affidavit stating that the dispute has been amicably settled and he has no objection to the FIR being set aside. The State, represented by counsel, waived service of notice. The High Court, relying on Supreme Court precedents and the inherent powers under Section 482 of the Code of Criminal Procedure, held that continuation of the criminal proceedings would amount to harassment and an abuse of process. Consequently, the Court quashed and set aside the FIR and all consequential proceedings against the petitioners. The order was made absolute with permission for direct service.
Issues considered
- Whether an FIR can be quashed under Section 482 CrPC when the parties have reached an amicable settlement and the complainant consents.
- Whether continuation of criminal proceedings in such circumstances would constitute an abuse of process of law.
Legislation cited
- Code of Criminal Procedure — s. 482
- Indian Penal Code — s. 114, 467, 468, 471
Subjects
- quashment
- FIR
- Section 482 CrPC
- abuse of process
- amicable settlement
- criminal procedure
- fraud
- forgery
- false evidence
Judgment
R/CR.MA/10800/2026 ORDER DATED: 06/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 10800 of 2026
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MAYURSINH HARISINH KIRVATSINH RAULJI & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR AMIT N CHAUDHARY(5599) for the Applicant(s) No. 1,2,3
RONAK RAVAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/05/2026
ORAL ORDER
1. Rule. Learned APP Mr. Raval for the State and learned
advocate Mr. B. J. Patel waive service of notice of rule on behalf
of the respective respondents.
2. The present application is filed for quashment of the FIR
No.11204021220111 of 2022 registered with Dakor police
station, Kheda for the offences punishable under Sections 467,
468, 471 and 114 of the IPC.
3. It is submitted by the learned advocate Mr. Chaudhary that
dispute has been resolved between the parties and complainant
has consent for quashment of the FIR.
4. Learned advocate Mr. Bhavesh J. Patel appearing for the
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R/CR.MA/10800/2026 ORDER DATED: 06/05/2026
respondent No.2 has supported the above submissions and
drawn the attention of this Court with regard to the afÏdavit
which if filed at page 18.
5. This Court has referred to the afÏdavit, which is reproduced
hereinbelow;
“1. I say and submits that the applicants have filed present
criminal Misc application for quashing & setting aside F.I.R no
11204021220111 of 2022, offence registered u/s
467,468,471 & 114 of I.P.C lodged at Dakor police station on
07/03/2022 as well as other consequential of proceeding of
the Fir against the applicants.
2. I have gone through the content of present Criminal Misc
application, I have seen the prayer made in above application
and I am competent to understand the present criminal misc
application and its prayer for quashing the F.I.R and other
consequence proceeding including charge sheet filed in
above FIR and Criminal case no 418 of 2022 pending before
the J.M.F.C, Dakor, Dist -Kheda against the applicants.
3. I say and submits that I am original victim and complainant
of F.I.R no 11204021220111 of 2022, offence alleged u/s
467,468,471 & 114 of I.P.C against the applicants/petitioners
at Dakor police station on 07/03/2022. I am shown as
complainant in above Fir. I say and submits that there is
amicable settlement has been arrived between the party. I
say and submits that I have no any objection if above FIR &
other consequence proceeding including charge sheet filed in
above FIR and Criminal case no 418 of 2022 pending before
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R/CR.MA/10800/2026 ORDER DATED: 06/05/2026
the J.M.F.C, Dakor, Dist - Kheda against the applicants to be
quash and set aside by this honorable high court in interest
of justice.
4. I say and submits that I am complainant and I have no any
grievance against applicants as settlement has been arrived
and I have no any objection if present Fir is quashed and set
aside by mercy of this honorable high court.
5) I say and submits that I am willing agree and not under the
impression of intoxication, coercion and there is no any
pressure for filing present afÏdavit.
6) I am competent to depose that what is stated hereinabove
is true to the best of my knowledge information and belief
and I believe the same to be true and correct.”
6. Having considered the nature of the dispute and the
allegations made in the FIR against the present applicants,
coupled with the fact that the dispute has been resolved
between the parties and the decisions rendered by the Hon'ble
Supreme Court 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
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R/CR.MA/10800/2026 ORDER DATED: 06/05/2026
continuation of criminal proceedings in relation to the impugned
FIR against the applicant would be unnecessary harassment to
the applicant. I have also considered the latest decision of the
Hon'ble Supreme Court in the case of ‘Parbatbhai Aahir @
Parbatbhai Bhimsinhbhai Karmur and others v. State of
Gujarat’, Criminal Appeal No.1723 of 2017, dated 4.10.2017 and
the guidelines issued by the Hon'ble Supreme Court in the said
decision, particularly Paragraph-15, thereof. Considering the
nature of disputes between the parties which are all private in
nature, I am of the opinion that the matter requires
consideration. 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 hence, to secure
the ends of justice, the impugned FIR is required to be quashed
and set aside in exercise of powers conferred under Section 482
of the Code.
7. Resultantly, this application is allowed and the impugned
F.I.R., bearing No. No.11204021220111 of 2022 registered with
Dakor police station, Kheda, is hereby quashed and set aside qua
the applicants only. Consequently, all other proceedings arising
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R/CR.MA/10800/2026 ORDER DATED: 06/05/2026
out of the aforesaid F.I.R. are also quashed and set aside qua the
applicants. Accordingly, Rule is made absolute. Direct service is
permitted.
(M. K. THAKKER,J)
Vikramsinh Amarsinh
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIKRAM SINGH(HCW0055), English Steno Grade II, at High Court of Gujarat on 08/05/2026 11:30:20
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