JYOTSANABEN GAUTAMBHAI VANSOL PARMARversusSTATE OF GUJARAT

     R/CR.MA/8220/2026                            ORDER DATED: 10/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                   FIR/ORDER) NO. 8220 of 2026
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          JYOTSANABEN GAUTAMBHAI VANSOL PARMAR & ANR.
                             Versus
                    STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR PRATIK B BAROT(3711) for the Applicant(s) No. 1,2
MR MANAN MAHETA, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                            Date : 10/04/2026
                             ORAL ORDER


1.      Learned advocate Mr. Piyush B. Trivedi appears and

submits that he has instructions to appear on behalf of the

respondent no.2 - complainant. He is permitted to file his

appearance. Registry shall accept his vakalatnama.


2.      By way of filing 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.11206062250366          of    2025

registered with the Satlasana Police Station, District - Mehsana,

for the offences punishable under Sections 137(2), 75(2),

309(4), 54, 352, 351(2) and 351(3) of the Bharatiya Nyaya

Sanhita, 2023, and under Sections 12 and 17 of the POCSO



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Act, 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. The complainant and the victim through her father have

filed their affidavits and have produced their identity proofs,

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

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 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. Piyush

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

respondent no.2 – complainant.


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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 as well as the proceedings of the criminal case

are quashed and set-aside.


7.     The relevant paragraphs of the affidavit filed by the

complainant – Ganpatbhai Ranchhodbhai Bhikhabhai Parmar,

read thus :

                “2. I state and submit that post lodgment of the FIR, now a
                development has so occurred that an amicable settlement has
                been arrived at between me, the victim aged about 17 years and
                the applicants, upon intervention of the elders of the family,
                friends and commonly known persons and the incident has
                occurred out of a misunderstanding. In view of such settlement, if
                the impugned FIR and other consequential proceedings are
                quashed and set aside, I and the victim have no objection rather I
                give my free consent for quashment of the same.

                3. I state and submit that the settlement has been arrived at
                amicably without there being any coercion or force. I therefore,
                reiterate that if FIR registered against the applicants is quashed, I
                and the victim have no objection.”




8.     The relevant paragraphs of the affidavit filed by the

victim – XYZ d/o Arvindkumar Ganeshbhai Parmar, read

thus :

                “2. I state and submit that post lodgment of the FIR, now a



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      R/CR.MA/8220/2026                                       ORDER DATED: 10/04/2026




                development has so occurred that an amicable settlement has
                been arrived at between me, the informant, and the applicants,
                upon intervention of the elders of the family, friends and commonly
                known persons and the incident has occurred out of a
                misunderstanding. In view of such settlement, if the impugned FIR
                and other consequential proceedings are quashed and set aside, I
                have no objection rather I give my free consent for quashment of
                the same.

                3. I state and submit that the settlement has been arrived at
                amicably without there being any coercion or force. I therefore,
                reiterate that if FIR registered against the applicants is quashed, I
                have no objection.”



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

further with the criminal 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.


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


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      R/CR.MA/8220/2026                       ORDER DATED: 10/04/2026




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

criminal 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 as well as the proceedings of

the criminal 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.


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

of the First Information Report No.11206062250366 of 2025

registered with the Satlasana Police Station, District - Mehsana,

for the offences punishable under Sections 137(2), 75(2),

309(4), 54, 352, 351(2) and 351(3) of the Bharatiya Nyaya

Sanhita, 2023, and under Sections 12 and 17 of the POCSO

Act, as well as other consequential proceedings arising

pursuant thereto, are hereby ordered to be quashed and set-

aside qua the present applicants.




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         R/CR.MA/8220/2026                                                     ORDER DATED: 10/04/2026




   12.       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 10/04/2026 18:39:36




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