SAIYAD SAJATALI AYUBALI @BHOLA (PETITION DISPOSED AS NOT PRESS AS PER ORDER DATED 24.06.2026)versusSTATE OF GUJARAT

   R/CR.MA/14155/2026                          ORDER DATED: 24/06/2026




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

  R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
                        14155 of 2026

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                SAIYAD SAJATALI AYUBALI @BHOLA & ORS.
                                 Versus
                       STATE OF GUJARAT & ANR.
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Appearance:
MR KEYUR A VYAS(3247) for the Applicant(s) No. 1,2,3,4,5
MR JAY MEHTA, ADDL.PUBLIC PROSECUTOR for the Respondent(s) No. 1
MR NIKHIL VYAS for the Respondent No.2
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 CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER

                           Date : 24/06/2026

                            ORAL ORDER

  1. Leave to amend. Amendment shall be carried out
      forthwith.
  2. Rule returnable forthwith. Learned APP Mr. Mehta waives
      service of notice of Rule for and on behalf of respondent
      No.1-State. Learned advocate Mr.Nikhil Vyas waives
      service of notice of Rule for and on behalf of respondent
      No.2-original complainant.

  3. Learned advocate Mr. Vyas for the applicant does not
      press this application qua applicant Nos.1, 2 and 4.
      Present application stands disposed of as not pressed
      qua applicant Nos.1, 2 and 4. Rule is discharged qua
      them.
   1. By way of filing the present application under Section 528
      of the Bharatiya Nagarik Suraksha Sanhita, 2023, the



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R/CR.MA/14155/2026                                       ORDER DATED: 24/06/2026




   applicants-accused have prayed to quash and set aside
   the      FIR       being      C.R.No.I-11206050260279              of     2026
   registered with Nandasan Police Station for the offences
   punishable under Sections 189(1), 189(2), 189(4), 190,
   191(3), 310(2), 140(1), 126(2), 308(5), 109(1), 351(3),
   352, 115(2), and 303(2) of the Bharatiya Nyaya Sanhita,
   as the case may be, as well as all consequential
   proceedings arising therefrom qua the applicants herein.
2. Considering the nature of the dispute involved in the
   present application and further considering the fact that
   the parties have amicably resolved their inter se dispute,
   with the consent of the learned advocates appearing for
   the respective parties, the present application is taken up
   for final disposal.
3. Today, when the matter is called out, respondent No.2-
   original complainant is present before this Court and is
   identified by the learned advocate Mr. Vyas appearing on
   his behalf. Respondent No.2 has categorically stated that
   the dispute between the parties has been amicably
   settled and that he does not wish to proceed further with
   the impugned complaint.
4. At the outset, learned advocate Mr. Vyas submitted that,
   as per the allegations made in the FIR, no overt act has
   been attributed to the present applicant and that the
   applicant has not actively participated in the commission
   of the alleged offence. It is further submitted that the
   present           applicant     does          not   have    any       criminal
   antecedents and that the dispute between the parties
   has now been resolved. Learned advocate Mr. Vyas


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R/CR.MA/14155/2026                                            ORDER DATED: 24/06/2026




   submitted that the dispute between the parties has been
   amicably resolved and that the parties have decided to
   put an end to their grievances. It is submitted that, in
   view of the settlement arrived at between the parties,
   continuation of the criminal proceedings would amount to
   an abuse of the process of law.
5. Learned advocate Mr. Vyas appearing for respondent
   No.2 has supported the submissions advanced on behalf
   of the applicants and reiterated the contents of the
   affidavit filed by respondent No.2.
6. The present application is opposed by the learned APP
   Mr. Mehta appearing for the respondent-State.
7. The complainant, who is present before this Court, has
   categorically stated that the dispute has been amicably
   resolved between the parties and that he has no
   objection         if   the     impugned             FIR   is   quashed.       Thus,
   permitting the applicants to face the trial would be a
   futile exercise.
8. The       affidavit          filed      by         respondent       No.2-original
   complainant reads thus:

           “I XXX XXX XXX , Respondent No.2 Original
           Complainant in the above-captioned matter, do
           hereby solemnly affirm and state on oath as under:

           1. I state that I am the original complainant and
           Respondent No.2 in the present proceedings. I am
           well acquainted with the facts and circumstances of
           the case and am competent and authorized to
           swear this affidavit. I have read and understood the
           contents of the petition preferred by the Applicants
           under Section 528 of the Bharatiya Nagarik



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R/CR.MA/14155/2026                              ORDER DATED: 24/06/2026




           Suraksha Sanhita, 2023, and I am fully aware of
           the reliefs sought therein.

           2. I state that I had lodged the First Information
           Report bearing C.R. No. 1-11206050260279 of 2026
           dated 05.06.2026 registered with Nandasan Police
           Station for the offences punishable under Sections
           189(1), 189(2), 189(4), 190, 191(3), 310(2), 140(1),
           126(2), 308(5), 109(1), 351(3), 352, 115(2) and
           303(2) of the Bharatiya Nyaya Sanhita, 2023 and
           Section 135 of the Gujarat Police Act.

           3.I state that after the registration of the aforesaid
           FIR, with the intervention of respected members of
           society, relatives and well-wishers, the dispute
           between myself and the Applicants has been
           amicably resolved. The parties have arrived at a
           full, final and voluntary settlement and all
           misunderstandings and differences between us now
           stand resolved.

           4.I further state that I do not have any subsisting
           grievance, claim, dispute or complaint of any
           nature whatsoever against the Applicants. The
           settlement has been arrived at out of my own free
           will, volition and consent, without any force,
           coercion, threat, undue influence, inducement or
           pressure from any person.

           5.I state that in view of the amicable settlement
           arrived. at between the parties; I am no longer
           interested in pursuing the criminal proceedings
           arising out of the aforesaid FIR. I am of the
           considered opinion that continuation of the criminal
           proceedings would serve no useful purpose and
           would unnecessarily disturb the peace and harmony
           now prevailing between the parties.

           6. I respectfully submit that I have no objection if


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R/CR.MA/14155/2026                                 ORDER DATED: 24/06/2026




           this Hon'ble Court exercises its inherent jurisdiction
           under Section 528 of the Bharatiya Nagarik
           Suraksha Sanhita, 2023 and quashes and sets aside
           the FIR bearing C.R. No. 1-11206050260279 of
           2026 dated 05.06.2026 registered with Nandasan
           Police Station, along with all consequential
           proceedings arising there from.

           7. I state that the contents of the present petition
           have been read over and explained to me in the
           vernacular language known to me, and I have fully
           understood the same. I state that the facts stated
           therein, to the extent they relate to the settlement
           and consent for quashing, are true and correct to
           my knowledge and belief.

           8.     I    hereby      voluntarily,   unequivocally
           unconditionally accord my consent to the quashing
           of and the aforesaid FIR and all consequential
           proceedings pending pursuant thereto. I respectfully
           request this Hon'ble Court to allow the petition and
           grant the relief prayed for therein.

           9. I state that this affidavit is executed in the
           interest of justice and for placing the true and
           correct facts before this Hon’ble Court.”

9. Having heard the learned advocates appearing for the
   respective        parties   and     considering    the     facts      and
   circumstances         of    the    case,   as   also     taking       into
   consideration the decisions rendered in Gian Singh Vs.
   State of Punjab & Anr., (2012) 10 SCC 303; Madan
   Mohan Abbot Vs. State of Punjab, (2008) 4 SCC
   582; Nikhil Merchant Vs. CBI & Anr., 2009 (1) GLH
   31; Manoj Sharma Vs. State & Ors., 2009 (1) GLH
   190; Narinder Singh & Ors. Vs. State of Punjab &



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    R/CR.MA/14155/2026                                                         ORDER DATED: 24/06/2026




        Anr., (2014) 6 SCC 466; and State of Haryana Vs.
        Bhajan Lal, AIR 1992 SC 604, this Court is of the
        opinion that continuation of the criminal proceedings
        pursuant to the impugned FIR would amount to abuse of
        the process of law and that no fruitful purpose would be
        served by permitting the prosecution to continue. Hence,
        in order to secure the ends of justice, the impugned FIR
        and all consequential proceedings deserve to be quashed
        and set aside in exercise of powers under Section 528 of
        the Bharatiya Nagarik Suraksha Sanhita, 2023.

    10.           In the result, the present application is allowed qua
        applicant            Nos.3          and        5.       The      FIR       being          C.R.No.I-
        11206050260279 of 2026 registered with Nandasan
        Police Station, as well as all consequential proceedings
        arising therefrom, are hereby quashed and set aside qua
        the applicants.

    11.           Rule is made absolute accordingly. Direct service is
        permitted.




                                                                                   (M. K. THAKKER,J)
M.M.MIRZA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MUDDASAR MUSTAKBHAI MIRZA(HC01407), PRIVATE SECRETARY, at High Court of Gujarat on 30/06/2026 09:53:55




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