MORARIDAS KARSHANDAS MAKWANAversusSTATE OF GUJARAT

      R/CR.MA/2703/2026                            ORDER DATED: 18/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 2703
                           of 2026
==========================================================
                 MORARIDAS KARSHANDAS MAKWANA & ORS.
                                 Versus
                        STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. MAHEK B. RAVAL(17804) for the Applicant(s) No. 1,2,3,4,5,6,7,8,9
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                             Date : 18/02/2026

                              ORAL ORDER


1.      Learned advocate Mr. Fenil H. Bathiya appears and
submits that he has instructions to appear on behalf of the
respondent no.2 – original complainant. He is permitted to le
his appearance. Registry shall accept his vakalatnama as and
when the same is led.


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. 11202056240245 of 2024 registered with the
Kalavad          Rural Police Station, District Jamnagar, for the
o4ences punishable under Sections 365, 323, 143, 144, 147,
148, 149, 504, 506(2), 452 of the Indian Penal Code, under
Section 135(1) of the G.P. Act and under Sections 3(1)(s), 3(2)


                                 Page 1 of 6
     R/CR.MA/2703/2026                        ORDER DATED: 18/02/2026




(va) of the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989, as well as the proceedings
of the Special Atrocity Case No. 15 of 2024 pending in the Court
of the learned 4th Additional District Judge, Jamnagar, so also all
other consequential proceedings arising pursuant thereto.


3.     Today, when the matter is called out, the complainant is
personally present before this Court.      She has also         led an
a4idavit, which is annexed at Annexure ‘C’ to the application.
The complainant has admitted the contents of the said a4idavit.
In the a4idavit, 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. The complainant has also stated that she has
received Rs. 75,000/- from the Social Welfare Department, Govt.
of Gujarat, and she is ready and willing to return back the same
to the Social Welfare Department, Govt. of Gujarat, within a
reasonable time.


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 nal disposal.


5.     RULE returnable forthwith. Learned APP Mr. Manan


                             Page 2 of 6
     R/CR.MA/2703/2026                               ORDER DATED: 18/02/2026




Maheta waives service of notice of rule for and on behalf of the
respondent no.1 – State and learned advocate Mr. Fenil H.
Bathiya waives service of notice of rule for and on behalf of the
respondent no.2 – complainant.


6.     Learned advocate for the applicant-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 Special Atrocity Case 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 as well as the
proceedings of the Special Atrocity 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.


8.     The relevant paragraphs of the a4idavit                  led by the
complainant – Chhayaben D/o Karshanbhai Ramdas Makwana,
read thus :
       “2.    I say that I have gone through the memo of petition and
       the facts and grounds stated in the memo of petition are not
       disputed by me. At the outset I say and submit that the disputes
       and grievances of both the sides have been amicably settled and
       I do not wish to prosecute the petitioner any further with respect
       to the FIR being C.R. No. 11202056240245/2024 with Kalavad
       Rural Police Station, Dist. Jamnagar, by me for the o,ences
       punishable u/s. 365, 323, 143, 144, 147, 148, 149, 504, 506(2),



                                  Page 3 of 6
R/CR.MA/2703/2026                                ORDER DATED: 18/02/2026




  452 of IPC and Sec. 3(1)(s) and 3(2)(va) of The Scheduled Castes
  and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

  3.     I say that the there was no enmity between myself and the
  present petitioner. In fact, both the sides are known to each
  other since many years as petitioner no. 1&2 are my brothers
  and others are from my village and nearby villages. I say that I
  have settled the dispute with the petitioners and I do not wish to
  go on with the FIR 6led against him. I say and submit that FIR
  lodged out of misunderstanding, misconception, desperation,
  anger and anxiety and therefore also I do not want to prosecute
  petitioners any further for the FIR impugned in the present
  petition. I say that dispute between the parties is predominantly
  and basically private and personal in nature and the parties have
  resolved their entire dispute. In fact, during the tough times
  present petitioners supported me and helped me in the best
  possible manner.

  4.      I say that after registration of the impugned FIR and
  6lling of charge sheet, a meeting took place between both the
  sides, elderly persons of the society, family members and well-
  wishers of both the sides and the misunderstanding between us
  got cleared. Also upon intervention of common friends, the
  matter has been resolved between us and an amicable settlement
  has been arrived at between the parties to the e,ect that
  respondent no.2 will continue to stay in ashram or wherever she
  wants to reside without any interference on the part of
  petitioners so as to maintain harmony, peaceful and healthy
  personal relationships in future. In view of amicable settlement, I
  have agreed to support the petitioners in respect of prosecution
  initiated against the petitioners on the basis of impugned FIR.
  After due deliberations and discussions amongst the parties, I
  have realized that FIR is the result of misunderstanding and
  misconception of facts. Hence, as per the mutual understanding
  and settlement, I have agreed to give consent for quashing of
  impugned FIR. Thus, I do not want to prosecute the impugned
  FIR against the petitioners. In the circumstances, it is crystal
  clear that dispute between the parties is purely of
  personal/private nature and no public policy is involved in the
  same. It is also clearly re<ected that the o,ences are entirely
  personal in nature and, therefore, do not a,ect public peace or
  tranquility and my respectful submission quashing of such
  proceedings on account of compromise would bring about peace,
  harmony and would secure ends of justice. I have also realized
  the nature of hardships and inconvenience, socially and mentally,
  it will cause to both the sides, if the criminal proceedings
  continue and both the sides are subjected to rigors of criminal


                              Page 4 of 6
     R/CR.MA/2703/2026                                     ORDER DATED: 18/02/2026




       trial, it will immensely a,ect our future prospects of better life.

       5.     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 with petitioners as the
       dispute between us has been amicably settled. I state that the
       complaint 6led by me being F.I.R. being C.R. No.
       11202056240245/2024 with Kalavad Rural Police Station, Dist.
       Jamnagar, charge-sheet no. 21 of 2024 and Special Atrocity Case
       No. 15 of 2024 pending before Ld. 4nd Additional District Judge,
       at Jamnagar may be quashed in the interest of justice.”

9.     Having heard learned advocates appearing for the
respective parties as well as considering the facts and
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 and the Special Atrocity case
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 and
the Special Atrocity Case would amount to abuse of process of
law. Hence, to secure the ends of justice, the impugned FIR as


                                     Page 5 of 6
         R/CR.MA/2703/2026                                                ORDER DATED: 18/02/2026




   well as the proceedings of the Special Atrocity 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 Bharatiya Nagarik Suraksha
   Sanhita, 2023.


   10.     In the result, the application is allowed. The First
   Information Report No. 11202056240245 of 2024 registered
   with the Kalavad Rural Police Station, District Jamnagar, for
   the o4ences punishable under Sections 365, 323, 143, 144, 147,
   148, 149, 504, 506(2), 452 of the Indian Penal Code, under
   Section 135(1) of the G.P. Act and under Sections 3(1)(s), 3(2)
   (va) of the Scheduled Castes and the Scheduled Tribes
   (Prevention of Atrocities) Act, 1989, as well as the proceedings
   of the Special Atrocity Case No. 15 of 2024 pending in the Court
   of the learned 4th Additional District Judge, Jamnagar, so also all
   other consequential proceedings arising pursuant thereto are
   hereby ordered to be quashed and set-aside, qua the present
   applicants only.

   11.     The respondent No.2 - original complainant is directed to
   deposit the amount of compensation of Rs.75,000/- to the Social
   Welfare Department, Govt. of Gujarat, within a period of four
   weeks from today.

   12.     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 18/02/2026 17:41:57
                                                      Page 6 of 6