ADITYASINH @ ADARSHSINH GHANSHYAMSINH CHAVDAversusSTATE OF GUJARAT

     R/CR.MA/5221/2026                                      ORDER DATED: 06/03/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 5221
                           of 2026
==========================================================
        ADITYASINH @ ADARSINH GHANSHYAMSINH CHAVDA & ANR.
                               Versus
                      STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR DHARMESH R PATEL(5592) for the Applicant(s) No. 1,2
MR MANAN MAHETA, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                               Date : 06/03/2026
                                ORAL ORDER


1.       Learned advocate Mr. Rhythm Patel appears and submits

that he has instructions to appear on behalf of the respondent

no.2 – complainant. He is permitted to "le his appearance.

Registry shall accept his vakalatnama.



2.       By way of "ling the present application under Section 528

of   the     Bharatiya     Nagarik      Suraksha           Sanhita,     2023,         the

applicants-accused have prayed to quash and set-aside the

First     Information      Report      No.11216010260047                  of    2026

registered        with   the   Pethapur           Police    Station,     District       -

Gandhinagar, for the o7ences punishable under Sections

115(2), 352, 351(2), 324(4) and 54 of the Bharatiya Nyaya

Sanhita, 2023, and under Section 135 of the Gujarat Police Act,


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     R/CR.MA/5221/2026                                    ORDER DATED: 06/03/2026




as well as all other consequential proceedings arising pursuant

thereto.



3.     Today,        when   the   matter         is   called   out,    both         the

complainant and the victim are personally present before this

Court and have produced their identity proofs as well as the

a<davits, which are ordered to be taken on record. In the said

a<davit, the complainant and the victim have categorically

stated that the dispute has been amicably resolved between

the parties 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 "nal 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. Rhythm

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


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     R/CR.MA/5221/2026                                        ORDER DATED: 06/03/2026




respondent no.2 – complainant.



6.     The complainant and the victim, who are personally

present before this Court, have categorically stated before this

Court that the dispute has been amicably resolved and they

have no objection if the application is allowed and the

impugned FIR is quashed and set-aside.



7.     The relevant paragraphs of the a<davit "led by the

complainant – Pratiksinh Rajendrasinh Waghela,read thus :

                “(2) That the deponent most respectfully submits that at the
                intervention by the near and dear once of the deponent as well as
                by the village people, issue has been resolved.

                (3) That the deponent most respectfully submits that he has no
                grievance against all the accused and for the betterment of the
                relations of deponent and petitioners as well as to maintain peace
                in the village, "ling this a<davit in support of the present petition.

                (4) That the deponent giving his consent by his free will and
                volition to quashed the FIR being Cr. No. 11216010260047 of 2026
                registered with Pethapur Police Station, Dist. Gandhinagar and
                further proceeding thereof against all the petitioners accused.”




8.     The relevant paragraphs of the a<davit "led by the

victim – Siddhrajsinh Dineshsinh Chavda, read thus :

               “(2) That the deponent most respectfully submits that at the
               intervention by the near and dear once of the deponent as well as
               by the village people, issue has been resolved.

               (3) That the deponent most respectfully submits that he has no
               grievance against all the accused and for the betterment of the
               relations of deponent and petitioners as well as to maintain peace



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      R/CR.MA/5221/2026                                        ORDER DATED: 06/03/2026




                in the village, "ling this a<davit in support of the present petition.

                (4) That the deponent giving his consent by his free will and
                volition to quashed the FIR being Cr. No. 11216010260047 of 2026
                registered with Pethapur Police Station, Dist. Gandhinagar and
                further proceeding thereof against all the petitioners accused. ”



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

further with the proceedings pursuant to the impugned FIR

would be a futile exercise and the same would amount to

abuse of process of law.



10.     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 would be a futile

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       R/CR.MA/5221/2026                                                     ORDER DATED: 06/03/2026




 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.



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

 of the First Information Report No. 11216010260047 of 2026

 registered           with       the      Pethapur             Police      Station,         District         -

 Gandhinagar, for the o7ences punishable under Sections

 115(2), 352, 351(2), 324(4) and 54 of the Bharatiya Nyaya

 Sanhita, 2023, and under Section 135 of the Gujarat Police Act,

 as well as all other consequential proceedings arising pursuant

 thereto, are hereby ordered to be quashed and set-aside qua

 the present applicants.



 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 09/03/2026 14:24:35




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