GOPAL KUMAR MANOJ SING BHUMIHAR (AS PER CHARGE SHEET DATED 09.04.2019)(CORRECT NAME GOPAL KUMAR)versusSTATE OF GUJARAT

      R/CR.MA/4637/2026                        ORDER DATED: 12/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 4637
                           of 2026
==========================================================
     GOPAL KUMAR MANOJ SING BHUMIHAR (AS PER CHARGE SHEET
       DATED 09.04.2019)(CORRECT NAME GOPAL KUMAR) & ANR.
                              Versus
                     STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR RAMNANDAN SINGH(1126) for the Applicant(s) No. 1,2
MR MANAN MAHETA, LD.ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                           Date : 12/03/2026

                            ORAL ORDER

1.      Learned advocate Ms.Hiral Prajapati appears and
submits that she has instructions to appear on behalf of the
respondent no.2 – original complainant. She is permitted to
file her appearance. Registry shall accept her 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- 7 of 2019
registered with the Morbi Taluka Police Station, Morbi for
the offences punishable under Sections 406, 420 and 120(B)
of the           Indian Penal Code; the charge sheet dated
09.04.2019 as well as the proceedings of the Criminal Case
No.2483 of 2019 pending before the learned Chief Judicial
Magistrate, Morbi qua the applicants herein, so also all
other consequential proceedings arising pursuant thereto.


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     R/CR.MA/4637/2026                                   ORDER DATED: 12/03/2026




3.     Today, when the matter is called out, the original
complainant, who is personally present before this Court,
has produced his identity proof as well as the additional
affidavit, which are ordered to be taken on record. In the
additional affidavit, the complainant has categorically stated
that the dispute between him and the applicants- accused
has been amicably resolved and there is no ill-will or any
grievance amongst them. He, therefore, does not want to
proceed further with the criminal proceedings pursuant to
the impugned FIR, the charge-sheet and the Criminal Case
against 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 Ms.Hiral
Prajapati waives service of notice of rule for and on behalf of
the respondent no.2 – complainant.




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     R/CR.MA/4637/2026                       ORDER DATED: 12/03/2026




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, the charge-sheet as well as the
proceedings of the Criminal Case may be quashed and set-
aside.


7.     The original complainant, who is present in the Court,
has categorically stated before this Court that he has no
objection if the application is allowed and the impugned
FIR; the charge-sheet as well as the proceedings of the
Criminal 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 affidavit of the original
complainant dated 18.02.2026, read thus :


       “1. I say and submit that I have filed a complaint
       being FIR, being C. R. No.I- 7 of 2019 registered
       before Morbi Taluka Police Station, Morbi on
       12.01.2019 for the offence punishable under Section
       406, 420 and 120(B) of Indian Penal Code against
       the applicants herein.

       2. I say and submit that charge-sheet came to be filed
       and Criminal Case No.2483 of 2019 came to be
       registered against the present applicants and trial is
       pending.


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     R/CR.MA/4637/2026                       ORDER DATED: 12/03/2026




       3. I say and submit that the present applicants have
       agreed to compensate the loss caused to me through
       the present applicants. Hence, I am giving consent to
       quash the FIR, being C. R. No. I - 7 of 2019 registered
       before Morbi Taluka Police Station, Morbi on
       12.01.2019, charge-sheet dated 09.04.2019 filed by
       Morbi Taluka Police Station and Criminal Case
       No.2483 of 2019 pending before learned Chief
       Judicial Magistrate, Morbi qua the applicants herein.
       I have also no objection if the bank accounts of the
       applicant      No.2     being       Saving     Account
       No.918010095510113         and      Current    Account
       No.918020095513850 in Axis Bank, Barbigha
       Branch, Sheikhpura, Bihar, freezed by the police
       authorities in connection with the aforesaid FIR are
       ordered to be de-freezed.

       4. I am filing this affidavit with my own volition
       without any undue influence or pressure by any
       person upon me.”

9.     The relevant paragraphs of the additional affidavit of
the original complainant dated 12.03.2026, read thus :


       “1. I say and submit that I have filed a complaint
       being FIR, being C. R. No.I- 7 of 2019 registered
       before Morbi Taluka Police Station, Morbi on
       12.01.2019 for the offence punishable under Section
       406, 420 and 120(B) of Indian Penal Code against
       the applicants herein.

       2. I say and submit that I have already filed one
       affidavit before this Hon'ble Court but this is being
       filed in addition to the earlier affidavit.

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R/CR.MA/4637/2026                       ORDER DATED: 12/03/2026




  3. I say and submitted that I have already enchased
  the draft of ₹20 lacs given by Gopal Kumar S/o.
  Manoj Singh Bhumihar. Thus, so far as accused
  Gopal Kumar S/o. Manoj Singh Bhumihar, Kumar
  Ajeet S/o. Birendra Singh Bhumihar and Rinku Devi
  @ Rinku Kumari W/o Ajeet Bhumihar (Ajeet Kumar)
  are concerned the amount has already been received.

  4. I say and submit that so far as Vipul Kumar is
  concerned, he has given cheque but today he is
  handing over draft of ₹10 lacs drawn at UCO Bank
  Sheikhpura dated 07.03.2026 bearing Draft No.
  192503. Thus, I have been paid entire amount as
  promised by all the three accused. Copy of the draft
  of ₹10 lacs drawn at UCO Bank Sheikhpura dated
  07.03.2026 bearing Draft No. 192503 is annexed
  herewith and marked as ANNEXURE-'I' to this
  affidavit.

  5. Thus, I give consent for quashing of FIR being C. R.
  No.I- 7 of 2019, charge sheet dated 30.05.2019 and
  Criminal Case No. 3683 of 2019 pending before
  learned Chief Judicial Magistrate, Morbi qua Kumar
  Ajeet S/o. Birendra Singh Bhumihar and FIR being C.
  R. No.I-7 of 2019, charge sheet dated 09.04.2019
  and Criminal Case No. 2483 of 2019 pending before
  learned Chief Judicial Magistrate, Morbi qua Gopal
  Kumar S/o. Manoj Singh Bhumihar, as I am receiving
  payment of ₹20 lacs combinedly by aforesaid three
  accused.

  6. I say and submit that I have no objection if the
  bank account of the accused which were freezed are
  de-freezed.


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      R/CR.MA/4637/2026                    ORDER DATED: 12/03/2026




        7. I am filing this affidavit with my own volition
        without any undue influence or pressure by any
        person upon me.”

10.     Having heard      learned counsel appearing for the
respective parties, as well as considering the facts and
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, the
charge-sheet 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, the charge-
sheet as well as the proceedings of the Criminal Case would
amount to abuse of process of law. Hence, to secure the
ends of justice, the impugned FIR, the charge-sheet as well
as the proceedings of the Criminal Case, so also all other


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        R/CR.MA/4637/2026                                                            ORDER DATED: 12/03/2026




 consequential proceedings arising pursuant thereto 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- 7 of 2019 registered
 with the Morbi Taluka Police Station, Morbi, for the offences
 punishable under Sections 406, 420 and 120(B) of the
 Indian Penal Code; the charge sheet dated 09.04.2019 as
 well as the proceedings of the Criminal Case No.2483 of
 2019 pending before the learned Chief Judicial Magistrate,
 Morbi           qua         the       applicants               herein,           so      also        all      other
 consequential proceedings arising pursuant thereto, are
 hereby ordered to be quashed and set-aside qua the present
 applicants only.


 12.        The learned Chief Judicial Magistrate, Morbi, is
 directed to pass an order to de-freeze the bank accounts of
 the         applicant               No.2           being            Savings             Bank             Account
 No.918010095510113                                       and                 Current                     Account
 No.918020095513850                               with         the        Axis         Bank,            Barbigha
 Branch, Sheikhpura, Bihar.


 13.        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 13/03/2026 18:23:50

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