VANRAJBHAI MAHESHBHAI JALUversusSTATE OF GUJARAT

     R/CR.MA/1086/2026                                  ORDER DATED: 16/02/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 1086
                           of 2026

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                     VANRAJBHAI MAHESHBHAI JALU & ORS.
                                  Versus
                         STATE OF GUJARAT & ANR.
==========================================================
Appearance:
NIKITA S BAROT(7417) for the Applicant(s) No. 1,2,3,4,5
MS ASMITA PATEL, LD.ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                 Date : 16/02/2026

                                  ORAL ORDER


1.      Amendment is allowed in terms of the draft. The same
shall be carried out forthwith.


2.      Learned advocate Mr.Yogesh Ratanpara appears and
submits that he has instructions to appear on behalf of the
respondent no.2 – original complainant. Registry shall
accept his vakalatnama.

3.      By way of preferring the present application under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, the applicants- original accused seek to invoke the
inherent powers of this Court, praying to quash and set-
aside          the       First       Information          Report            being
C.R.No.11203037220147                 of    2022     registered      with         the
Manavadar Police Station, Junagadh, for the offences
punishable under Sections 326, 323, 294(b), 506(2), 143,



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      R/CR.MA/1086/2026                                          ORDER DATED: 16/02/2026




148, 149, 427 of the Indian Penal Code and under Section
135 of the Gujarat Police Act as well as the proceedings of
the Criminal Case No.918 of 2022 pending before the
learned Judicial Magistrate, First Class, Manavadar, so also
all    other         consequential         proceedings           arising       pursuant
thereto.

4.      Today, when the matter is called out, the original
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 affidavit, the
complainant               has    categorically          stated      that      with         the
intervention of the friends, family members and community
people, the dispute between him and the applicants-
accused has been amicably resolved and there is no ill-will
or any grievance amongst them. Therefore, he does not want
to proceed further with the matter qua the present
applicants.


5.      Considering             the   issue        involved       in     the     present
application as well as considering the fact that the dispute
has been amicably resolved between the parties, with the
consent         of    the       learned     advocates       appearing           for        the
respective parties, the present application is taken up for
final disposal.


6.      RULE returnable forthwith. Learned APP Ms.Asmita
Patel waives service of notice of rule for and on behalf of the

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     R/CR.MA/1086/2026                      ORDER DATED: 16/02/2026




respondent no.1 – State and learned advocate Mr.Yogesh
Ratanpara waives service of notice of rule for and on behalf
of the respondent no.2 – complainant.


7.     Learned advocate for the applicants-accused has
submitted that since the dispute has been amicably
resolved between the parties, the application may be allowed
and the impugned FIR as well as the proceedings of the
criminal case may be quashed and set-aside.


8.     The original complainant, who is present in the Court,
has categorically stated before this Court that he has no
objection if the application is allowed and the impugned FIR
as well as the proceedings of the criminal case are quashed
and set-aside. Thus, it appears from the aforesaid that
sending the applicants-accused to face the trial would be
nothing but a futile exercise and would amount to abuse of
process of law.


9.     The relevant paragraphs of the affidavit of the original
complainant, read thus :


       “1. I am the Respondent No. 2 in the captioned
       Petition. I am fully conversant with the facts and
       circumstances of the case and I am duly competent to
       file this affidavit.

       2. I have gone through the memo of Petition. Facts


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R/CR.MA/1086/2026                       ORDER DATED: 16/02/2026




  stated in the memo of Petition are not disputed by
  me.

  3. I say and submit that the disputes and grievances
  of both the sides have been amicably settled.
  Therefore, I do not wish to prosecute the petitioners
  any further with respect to the FIR bearing No.
  11203037220147 dated 26.04.2022 lodged with
  Manavadar Police Station and all proceedings
  pursuant thereto including the Criminal Case No. 918
  of 2022 pending before the Ld. Judicial Magistrate
  First Class, Manavadar.

  4. I say that there were some mis-understanding
  between myself, my family members and the
  Accused Nos. 1 and 2 and due to the intervention of
  the well wishers, the said mis-understanding is now
  clear and the dispute between both the parties is
  resolved amicably. I say that I have settled the
  dispute with the Petitioners and I do not wish to go
  on with the complaint filed by me.

  5. I say and submit that the said offence is committed
  by Petitioners is not a grievous offence. It arose only
  due to some misunderstanding between us. I say and
  submit that now the dispute has been settled
  between me and the Petitioners herein.

  6. In the facts and circumstances as narrated above,
  I at my free will, wish and desire am stating on oath
  that I do not wish to prosecute the criminal
  proceedings against the petitioners as the dispute
  between us has been amicably settled. I state that
  the complaint filed by me being FIR bearing No.
  11203037220147 dated 26.04.2022 lodged with


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      R/CR.MA/1086/2026                     ORDER DATED: 16/02/2026




        Manavadar Police Station and all proceedings
        pursuant thereto including the Criminal Case No. 918
        of 2022 pending before the Ld. Judicial Magistrate
        First Class, Manavadar, may be quashed in the
        interest of justice.”


10.     Having heard      learned counsel appearing for the
respective parties, as well as considering the facts and
circumstances arising out of the present application and
also taking into consideration the decisions rendered 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) and State of Haryana Vs. Bhajanlal reported in AIR
1992 SC 604, it appears that continuing further with the
criminal proceedings in relation to the impugned FIR as well
as the criminal case against the applicants-accused would
be an unnecessary harassment to the applicants-accused. It
further appears that the trial would be a futile exercise and
further continuing with the proceedings pursuant to the
impugned FIR as well as the criminal case would amount to
abuse of process of law. Hence, to secure the ends of justice,
the impugned FIR as well as the proceedings of the criminal



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         R/CR.MA/1086/2026                                                            ORDER DATED: 16/02/2026




  case, so also 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
  of the Bharatiya Nagarik Suraksha Sanhita, 2023.


  11.       In the result, the application is allowed. The First
  Information Report being C.R.No.11203037220147 of 2022
  registered with the Manavadar Police Station, Junagadh, for
  the offences punishable under Sections 326, 323, 294(b),
  506(2), 143, 148, 149, 427 of the Indian Penal Code and
  under Section 135 of the Gujarat Police Act as well as the
  proceedings of the Criminal Case No.918 of 2022 pending
  before           the        learned            Judicial             Magistrate,               First         Class,
  Manavadar, so also all other consequential proceedings
  arising pursuant thereto, are hereby ordered to be quashed
  and set-aside.


  12.       Rule made absolute. Direct service is permitted.

                                                                                           (VIMAL K. VYAS, J)

  DIPTI PATEL


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIPTIBEN PIYUSH PATEL(HC00191), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 18/02/2026 18:27:18




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