BHARVAD DIVYESHBHAI GOVINDBHAIversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- M R MENGDEY
Holding
The application for consent quashing is allowed and the order dated 05.02.2026 in Criminal Case No.11993 of 2025 is quashed and set aside.
Summary
The petitioner, Bharvad Divyeshbhai Govindbhai, filed a Special Criminal Application under Article 227 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash the order dated 05.02.2026 in Criminal Case No.11993 of 2025 passed by the 9th Additional Judicial Magistrate, Mahesana. Both parties asserted that the dispute had been amicably settled and the original complainant, represented by Advocate Manish J. Patel, submitted a sworn affidavit confirming the settlement and expressing no objection to the quashing. The Court considered the affidavit, the parties' consent, and the statutory provision allowing consent‑based quashing. It held that the application was maintainable and the order, along with all consequential proceedings, should be set aside. Consequently, the Court issued a rule making the quashing absolute.
Issues considered
- Whether an order of a Judicial Magistrate can be quashed on the basis of an amicable settlement and consent of the parties under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Article 227 of the Constitution
Legislation cited
Subjects
Judgment
R/SCR.A/5796/2026 ORDER DATED: 06/05/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
5796 of 2026
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BHARVAD DIVYESHBHAI GOVINDBHAI
Versus
STATE OF GUJARAT
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Appearance:
MR KAMLESH S KOTAI(6150) for the Applicant(s) No. 1
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 06/05/2026
ORDER
1. Present application is preferred by the petitioner under
Article 227 of the Constitution of India read with Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking
quashing of the order dated 05.02.2026 in Criminal Case
No.11993 of 2025 passed by the learned 9 th Additional Judicial
Magistrate First Class, Mahesana.
2. Heard learned Advocate for the petitioner and learned APP
for the Respondent – State. Learned Advocate Mr. Manish J.
Patel appears and states that he has received instructions to
appear on behalf of the Respondent No.2 (Original Complainant).
Registry to accept the Vakalatnama of learned Advocate Mr.
Manish J. Patel and place it on record.
3. Rule. Learned APP waives service of notice of Rule for and
on behalf of the respondent – State. Learned advocate Mr.
Manish J. Patel appearing for the Respondent No.2 (Original
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R/SCR.A/5796/2026 ORDER DATED: 06/05/2026
Complainant) waives service of notice of Rule for the Respondent
No.2 (Original Complainant).
4. Learned Advocate for the petitioner has submitted that the
matter has been amicably settled between the parties and they
are now not willing to proceed with the complaint any further.
5. Learned Advocate Mr. Manish J. Patel appearing on behalf
of Respondent No.2 (Original Complainant) has placed on record
duly sworn in Affidavit dated 05.05.2026. The same is ordered to
be taken on record. Learned Advocate has submitted that matter
has been amicably settled between the parties and there is no
objection if present application is allowed.
6. Considering averments made in the Affidavit as also the
submissions made by the learned Advocates for the respective
parties, the present application deserves to be allowed and is
hereby allowed. The the order dated 05.02.2026 in Criminal
Case No.11993 of 2025 passed by the learned 9 th Additional
Judicial Magistrate First Class, Mahesana and all other
consequential proceedings arising there from are hereby
quashed and set aside.
Rule is made absolute.
(M. R. MENGDEY,J)
AHS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT SONAGARA(HCD0079), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 07/05/2026 10:44:29
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