HASANBHAI S/O SALIMBHAI KHEDARAversusSTATE OF GUJARAT

      R/CR.MA/25312/2025                               ORDER DATED: 08/01/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
                           25312 of 2025

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                 HASANBHAI S/O RAHIMBHAI KHEDARA & ORS.
                                 Versus
                        STATE OF GUJARAT & ANR.
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Appearance:
MS N M ZAVERI(13091) for the Applicant(s) No. 1,2,3,4,5,6
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                               Date : 08/01/2026

                                ORAL ORDER


1.       Learned advocate Mr. A. U. Vhora appears and submits
that he has instructions to appear on behalf of the respondent
no.2      –    original    complainant.     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-accused seek to invoke the inherent powers of this
Court, praying to quash and set-aside the First Information
Report No. 11213022250417 of 2025 registered with the Jetpur
City Police Station, Rajkot Rural, for the offences punishable
under Sections 64(2)(m), 87, 351(3), 54 of the Bharatiya Nyaya
Sanhita, 2023, as well as the Charge-sheet filed as C.C. No.
2361 of 2025, as also all other consequential proceedings


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arising pursuant thereto.


3.      Today, when the matter is called out, the complainant is
personally present before this Court.                 The complainant has
stated that she got married with the accused – Rizwan @ Rizu
Salimbhai Khedara under the Special Marriage Act, 1954, and
their marriage has been registered before the Joint Sub
Registrar – I, R.O. Ranga Reddy District. The complainant has
filed an affidavit, which is annexed as Annexure ‘C’ to the
application.        In    the   said    affidavit,   the    complainant          has
categorically stated that with the intervention of the friends,
family members and community people, the dispute between the
parties 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 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 Mr. A.U. Vhora
waives service of notice of rule for and on behalf of the
respondent no.2 – complainant.




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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 may be quashed and set-aside.


7.      The complainant, who is personally present in the Court,
has categorically stated before this Court that she has no
objection if the application is allowed and the 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 filed by the
complainant, read thus :

       “ I state that the dispute between myself and Accused No. 1 has
       been amicably resolved, and I have already expressed my no-
       objection to the quashing of the FIR and the charge sheet in
       respect of Accused No. 1.

       I further state that the co-accused named in the FIR have no role,
       no involvement, and no participation in the alleged incident.
       Their names came to be added only due to misunderstanding and
       family pressure, and there is no allegation from my side against
       any of the co-accused.

       I voluntarily state that I have no objection if the Hon'ble Court
       quashes the FIR and all consequential proceedings against the
       co-accused persons also, as continuing the criminal proceedings
       against them would serve no purpose”



9.      Having heard learned advocates appearing for the
respective parties as well as considering the facts and



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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 further continuation of the criminal proceedings in
relation to the impugned FIR against the applicants-accused
would be nothing but unnecessary harassment to the applicants-
accused. It further appears that the trial would be a futile
exercise and continuing further with the proceedings pursuant
to the impugned FIR 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 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 First
Information Report No. 11213022250417 of 2025 registered
with the Jetpur City Police Station, Rajkot Rural, for the offences
punishable under Sections 64(2)(m), 87, 351(3), 54 of the
Bharatiya Nyaya Sanhita, 2023, as well as the Charge-sheet


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        R/CR.MA/25312/2025                                                ORDER DATED: 08/01/2026




  filed as C.C. No. 2361 of 2025, as also all other consequential
  proceedings arising pursuant thereto are hereby ordered to be
  quashed and set-aside, qua the present applicants only.


  11.      Rule made absolute. Direct service is permitted.



                                                                             (VIMAL K. VYAS, J)
  AMAR SINGH


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 08/01/2026 19:04:27




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