NIRAV DILIPBHAI DESAIversusSTATE OF GUJARAT

      R/CR.MA/7107/2026                                     ORDER DATED: 20/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC. APPLICATION (FOR CONSENT QUASHING) NO.
                            7107 of 2026
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                            NIRAV DILIPBHAI DESAI
                                    Versus
                          STATE OF GUJARAT & ANR.
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Appearance:
MR. D K.PUJ(3836) for the Applicant(s) No. 1
MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                 Date : 20/04/2026
                                  ORAL ORDER


1.      Learned advocate Mr. K.R. Tailor appears and submits that he
has instructions to appear on behalf of the respondent no.2 –
original complainant. He is permitted to file his appearance.
Registry shall accept his vakalatnama.


2.      By way of preferring the present application under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-
accused seeks to invoke the inherent powers of this Court, praying
to quash and set-aside the FIR being C.R. No. 11216025250593 of
2025       registered     with   the      Santej       Police   Station,     District-
Gandhinagar, for the offences punishable under Sections 406, 420,
465, 467, 468 and 471 of the Indian Penal Code, as well as all other
consequential         proceedings    arising         pursuant   thereto    qua        the
applicant.


3.      Today, when the matter is called out, the complainant is
virtually present before this Court. Learned advocate appearing for
the complainant has submitted the affidavit of the complainant,



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which is ordered to be taken on record.       In the said affidavit, the
complainant has categorically stated that with the intervention of
the friends, family members and community people, the dispute has
been amicably resolved with the applicant 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. Tirthraj Pandya
waives service of notice of rule for and on behalf of the respondent
no.1 – State and learned advocate Mr. K.R. Tailor waives service of
notice of rule for and on behalf of the respondent no.2 –
complainant.


6.     Learned advocate for the applicant-accused has submitted
that since the dispute has been amicably resolved between the
parties, the application may be allowed and the impugned FIR may
be quashed and set-aside.


7.     The complainant, who is virtually present before the Court has
categorically stated before this Court that he has no objection if the
application is allowed and the impugned FIR is quashed and set-
aside. Thus, it appears from the aforesaid that sending the
applicant-accused to face the trial would be nothing but a futile
exercise and would amount to abuse of process of law.




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8.     The     relevant   paragraphs   of      the   affidavit   filed   by       the
complainant – Alpesh Chimanbhai Patel, read thus :

       “1. I say that I am the original complainant in connection FIR
       registered as I.C.R No. 11216025250593 of 2025 dated
       03.11.2025 (hereinafter referred to as "FIR"), lodged by the
       Respondent No. 2 (original complainant herein) with Santej
       Police Station, District: Ahmedabad for the offences punishable
       under Sections 406, 420, 465, 467, 468 and 471 of Indian Penal
       Code (hereinafter referred to as "IPC").

       2. I say that amicable settlement has been entered into between
       the petitioner and the respondent no.2. I say that the impugned
       FIR is filed account of some misunderstanding between the
       petitioners and the respondent no.2 and hence on intervention
       of the common
        known persons the said misunderstanding is brought to an end
       and amicable settlement has been arrived between the parties.I
       further say that I have no objection if the impugned FIR is
       quashed on the ground of settlement.

       3. I say and submit that in view of the settlement and
       understanding between the petitioner and the respondent no.2,
       the said land sale deed will be done in favour of petitioner
       (Alpesh C Patel) no useful purpose would be served by
       continuing the prosecution further. I state that present FIR and
       all other consequential proceedings may kindly be quashed.

       4. I say and submit that this settlement/compromise as aforesaid
       has been entered into between the parties out of my free will
       and without any pressure from any other and without having
       been influenced by anyone but the main settlement condition as
       shown in paragraph no.3 I earnestly request this Hon'ble Court
       to quash the impugned FIR and all other consequential
       proceedings in the interest of justice.”


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,


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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 further continuation of the criminal proceedings
in relation to the impugned FIR against the applicant-accused would
be nothing but unnecessary harassment to the applicant-accused. It
further appears that the trial would be a futile exercise and
continuing further with the criminal proceedings pursuant to the
impugned FIR 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 FIR being C.R. No.
11216025250593 of 2025 registered with the Santej Police Station,
District- Gandhinagar, for the offences punishable under Sections
406, 420, 465, 467, 468 and 471 of the Indian Penal Code, as well
as all other consequential proceedings arising pursuant thereto are
hereby ordered to be quashed and set-aside, qua the present
applicant.


11.      Rule made absolute. Direct service is permitted.



                                                                                    (VIMAL K. VYAS, J)
prk




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PIYUSH RAMESHBHAI KANOJIYA(HC01390), PRIVATE SECRETARY, at High Court of Gujarat on 20/04/2026 18:17:25

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