SHAILESHBHAI RAMJIBHAI AALversusSTATE OF GUJARAT

     R/CR.MA/14861/2025                           ORDER DATED: 18/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
                           14861 of 2025

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                     SHAILESHBHAI RAMJIBHAI AAL & ORS.
                                   Versus
                          STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR MAHESH PUJARA, LD.ADVOCATE WITH MR ASHISH M DAGLI(2203)
for the Applicant(s) No. 1,2,3,4,5,6,7,8,9
MR MANAN MAHETA, LD.ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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  CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                              Date : 18/03/2026

                               ORAL ORDER


1.      Learned advocate Mr.Abhishek Khuman appears and
submits that he has instructions to appear on behalf of the
respondent no.2 – original complainant. He is permitted to
file his appearance. Registry shall accept his vakalatnama.


2.      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.I- 44 of
2018 registered with the Wankaner City Police Station,
Morbi, for the offences punishable under Sections 307, 326,
325, 324, 354, 323, 427, 447, 504, 506(2), 143, 147, 148,


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     R/CR.MA/14861/2025                                    ORDER DATED: 18/03/2026




149 of Indian Penal Code and Section 135 of the G.P.Act,
the Charge Sheet and Sessions Case No.33 of 2019 pending
before the learned Sessions Court, Morbi as well as all other
consequential proceedings arising pursuant thereto.

3.      Today, when the matter is called out, the original
complainant and the victims, who are personally present
before this Court, have produced their identity proofs as
well as the affidavits, which are ordered to be taken on
record. In the said affidavits, the complainant and the
victims have categorically stated that with the intervention
of the friends, family members and community people, the
dispute between them and the applicants-                          accused has
been amicably resolved and there is no ill-will or any
grievance amongst them. Therefore, they do not want to
proceed further with the matter qua the present applicants.


4.      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.


5.      RULE returnable forthwith. Learned APP Mr.Manan
Maheta waives service of notice of rule for and on behalf of
the     respondent         no.1   –     State       and    learned       advocate


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     R/CR.MA/14861/2025                       ORDER DATED: 18/03/2026




Mr.Abhishek Khuman waives service of notice of rule for
and on behalf of the respondent no.2 – complainant.


6.      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.


7.      The original complainant and the victim, who are
present in the Court, have categorically stated before this
Court that they have no objection if the application is
allowed and the impugned FIR is 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.


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


       “1. I say and submit that being the complainant, I'm
       aware about the facts and circumstances of the
       present case, hence filing present affidavit in support
       of averments in present application.

       2.I submit that I've filed an F.I.R on 11.07.2018 with
       Wankaner city Police Station, Morbi being CR. no. 1-
       44 of 2018 against the applicants for the offenses
       under sections 307, 326, 325, 324, 354, 323, 427,

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     R/CR.MA/14861/2025                       ORDER DATED: 18/03/2026




       447, 504, 506(2), 143, 147, 148 and 149 of Indian
       Penal Code and Section 135 of Gujarat Police Act.

       3. I say that the dispute amongst us came to be
       resolved amicably and peacefully and the on account
       of misconception of facts the F.I.R came to be filed for
       which now no grievance exists against each other. I
       say that as in fact F.I.R in question which is filed
       may not continue in view of resolutions of the dispute
       amongst us and therefore the prayer as prayed for
       may kindly be accepted in the facts and
       circumstances of the present case, under these set of
       circumstances, if the Hon'ble Court pleased to
       terminate the proceeding as prayed for by the
       applicants by quashing and setting aside the F.I.R
       being CR No. 1-44 of 2018 filed before Wankaner city
       Police Station, Morbi, Sessions Case No. 33 of 2019
       pending before the Sessions Court, Morbi as well as
       further proceedings arising thereof, I've no objection.”



9.      The relevant paragraphs of the affidavits of the victims,
namely, Khushbuben Samirbhai Keda and Madinaben
Arifbhai Bambhaniya, read thus :


       “1. I say and submit that being the victim of the
       present case, I'm aware about the facts and
       circumstances of the present case, hence filing
       present affidavit in support of averments in present
       application.

       2. 1 submit that the complainant namely
       Janmohammed Makvani has filed an F.I.R on
       11.07.2018 with Wankaner city Police Station, Morbi

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      being CR. no. I- 44 of 2018 against the applicants for
      the offenses under sections 307, 326, 325, 324, 354,
      323, 427, 447, 504, 506(2), 143, 147, 148 and 149 of
      Indian Penal Code and Section 135 of Gujarat Police
      Act.

      3. I say and submit that even I've not received any
      injuries permanent or serious in nature, under this
      circumstance, the case of the applicants deserves
      consideration in the interest of justice.

      4. I say that the dispute amongst us came to
      amicably and peacefully and the on misconception of
      facts the F.I.R came to be filed for which now no
      grievance exists against each other. I say that as in
      fact F.I.R in question which is filed may not continue
      in view of resolutions of the dispute amongst us and
      therefore the prayer as prayed for may kindly be
      accepted in the facts and circumstances of the
      present case, under these set of circumstances, if the
      Hon'ble Court pleased to terminate the proceeding as
      prayed for by the applicants by quashing and setting
      aside the F.I.R being CR No. 1-44 of 2018 filed before
      Wankaner city Police Station, Morbi, Sessions Case
      No. 33 of 2019 pending before the Sessions Court,
      Morbi as well as further proceedings arising thereof,
      I've no objection.

      5. I'm filing this affidavit on my free will and wish
      without there being any undue pressure.”



10.   Having heard      learned counsel appearing for the
respective parties, as well as considering the facts and



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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 criminal case and all other
consequential proceedings 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.I- 44 of 2018 registered
with the Wankaner City Police Station, Morbi, for the

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       R/CR.MA/14861/2025                                                            ORDER DATED: 18/03/2026




 offences punishable under Sections 307, 326, 325, 324,
 354, 323, 427, 447, 504, 506(2), 143, 147, 148, 149 of
 Indian Penal Code and Section 135 of the G.P.Act, the
 Charge Sheet and Sessions Case No.33 of 2019 pending
 before the learned Sessions Court, Morbi as well as 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 20/03/2026 17:48:33




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