VHORA SALIMBHAI @ LALA S/O UMARGANI KARIMBHAIversusSTATE OF GUJARAT

     R/CR.MA/27083/2025                                     ORDER DATED: 07/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                   FIR/ORDER) NO. 27083 of 2025
==========================================================
      VHORA SALIMBHAI @ LALA S/O UMARGANI KARIMBHAI & ORS.
                             Versus
                   STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR SAGAR D VAGHASIYA(13308) for the Applicant(s) No. 1
MR MANAN MAHETA, APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                 Date : 07/01/2026

                                     ORAL ORDER


1.      Learned           advocate    Mr.Rishabh     R.    Jain    appears        and

submits that he has instructions to appear on behalf of the

respondent no.2 - complainant. Registry shall accept his

vakalatnama.



2.      By way of filing the present application under Section 528

of    the     Bharatiya       Nagarik      Suraksha       Sanhita,     2023,          the

applicant-accused has prayed to quash and set-aside the First

Information Report No.11206044220318 of 2022 registered

with the ‘A’ Division Police Station, Mahesana City, for the

offences punishable under Sections 143, 323, 504 and 506(2)

of the Indian Penal Code, 1860, as well as the proceedings of


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     R/CR.MA/27083/2025                               ORDER DATED: 07/01/2026




the Criminal Case No.5664 of 2022 pending before the learned

Judicial Magistrate First Class, Mahesana, so also all other

consequential proceedings arising pursuant thereto.



3.      Today, when the matter is called out, the complainant –

Sakeenaben Nurmohammad Vhora, who is personally present

before this Court, has produced her identity proof as well as

the afÏdavit, which are ordered to be taken on record. In the

said afÏdavit, the complainant has categorically stated that

the dispute between her and the applicant-accused 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.Rishabh R.


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     R/CR.MA/27083/2025                             ORDER DATED: 07/01/2026




Jain waives service of notice of rule for and on behalf of the

respondent no.2 – complainant.



6.      The complainant, who is personally present before this

Court, has categorically stated before this Court that the

dispute has been amicably resolved between the parties and

she has no objection if the application is allowed and the

impugned FIR is quashed and set-aside.



7.      The relevant paragraph of the afÏdavit filed by the

complainant - Sakeenaben Nurmohammad Vhora, reads thus :


       “5. In view of what is stated herein above and the settlement
       arrived at between the parties, I state and submit that the
       petition preferred by the present Petitioners be allowed and FIR
       bearing no. 11206044220318 of 2022 registered with 'A' Division
       Police Station, Mahesana City on 02.04.2022 under Section 143,
       323, 504 & 506(2) of the Indian Penal Code, 1860 and the
       subsequent chargesheet as well as Criminal Case No. 5664 of
       2022 pending before Ld. Judicial Magistrate First Class,
       Mahesana be quashed and set aside.”




8.      Thus, it appears from the aforesaid that to continue

further with the proceedings pursuant to the impugned FIR

as well as the criminal case would be a futile exercise and

the same would amount to abuse of process of law.




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     R/CR.MA/27083/2025                     ORDER DATED: 07/01/2026




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 continuing further with the

proceedings pursuant to the impugned FIR as well as the

criminal case would be a futile exercise and the same 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.




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      R/CR.MA/27083/2025                                                     ORDER DATED: 07/01/2026




10.       In the result, the application is allowed. The First

Information Report No.11206044220318 of 2022 registered

with the ‘A’ Division Police Station, Mahesana City, for the

offences punishable under Sections 143, 323, 504 and 506(2)

of the Indian Penal Code, 1860, as well as the proceedings of

the Criminal Case No.5664 of 2022 pending before the learned

Judicial Magistrate First Class, Mahesana, so also all other

consequential               proceedings             arising         pursuant           thereto,         are

hereby ordered to be quashed and set-aside.



11.       Rule made absolute. Direct service is permitted.



                                                                                 (VIMAL K. VYAS, J)
DEEPAK GEHLOT


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DEEPAK GEHLOT(HC02361), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 08/01/2026 11:16:18




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