AJAY HIRANAND RAGHANIversusSTATE OF GUJARAT

     R/CR.MA/7399/2026                             ORDER DATED: 02/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                   FIR/ORDER) NO. 7399 of 2026
==========================================================
                         AJAY HIRANAND RAGHANI
                                  Versus
                         STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. USAMAH I. GANDHI(19578) for the Applicant(s) No. 1
MS. KRINA CALLA, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                             Date : 02/04/2026

                              ORAL ORDER


1.     Learned advocate Mr. Tahir S. Saiyed 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

applicant-accused has prayed to quash and set-aside the First

Information Report No.11191046230259 of 2023 registered

with the Airport Police Station, District – Ahmedabad City, for

the offences punishable under Sections 323, 427, 294(b) and

506(2) of the Indian Penal Code, 1860, under Section 135(1) of



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     R/CR.MA/7399/2026                        ORDER DATED: 02/04/2026




the Gujarat Police Act, and under Sections 3(1)(r), 3(1)(s) and

3(2)(va) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989, as well as the proceedings

of the Special ATRO Case No.128 of 2023 pending before the

learned trial Court, so also all other consequential proceedings

arising pursuant thereto.



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

who is personally present before this Court, has produced his

identity proof as well as the affidavit, which are ordered to be

taken on record. In the said affidavit, the complainant has

categorically stated that the dispute between him and the

applicant-accused has been amicably resolved and there is no

ill-will or any grievance amongst them. He has also submitted

that he has not received any amount from the Government as

compensation.



4.     Considering the issue involved in the present application

as well as considering the fact that the dispute has been

amicably resolved with the applicant, with the consent of the

learned advocates appearing for the respective parties, the

present application is taken up for final disposal.


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     R/CR.MA/7399/2026                                      ORDER DATED: 02/04/2026




5.     RULE returnable forthwith. Learned APP Ms. Krina Calla

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

respondent no.1 – State and learned advocate Mr. Tahir Saiyed

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

respondent no.2 – complainant.



6.     The complainant, who is personally present before this

Court, has categorically stated that the dispute has been

amicably resolved between the parties and he has no objection

if the application is allowed and the impugned FIR as well as

the proceedings of the Special ATRO Case are quashed and

set-aside.



7.     The relevant paragraphs of the affidavit filed by the

complainant – Jayesh Jayantibhai Rathva, read thus :


       “2. I state that the petitioners, myself the complaint all are known to each
       other. Therefore, upon the intervention of the family members, elderly and
       respected persons of the society, community members and relatives, an
       amicable settlement has arrived at between the complainant and the
       accused petitioner and since the offences alleged against each other are
       personal in nature and not affecting any interest of the state government,
       it has been agreed to compromise the dispute including the impugned
       complaint filed by me and all the subsequent consequential proceedings
       that have arisen pursuant to the filing of the complaint. It is stated that
       dispute and grievance of both the sides have been amicably settled and I
       do not want to prosecute the applicants for the impugned F.I.R.




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     R/CR.MA/7399/2026                                       ORDER DATED: 02/04/2026




       3. Therefore, I accord my consent to this Hon'ble Court to quash the
       criminal complaint being FIR No. 11191046230259 dated 21.06.2023
       under sections 323, 427, 294(b) and 506 (2) of the Indian Penal Code and
       under section 135 (1) of G. P. Act and under section 3 (1) (r), 3 (1) (s) and
       3 (2) (va) of Scheduled Castes and Scheduled Tribes Prohibition Act
       (Prevention of Atrocities Act) registered with Airport Police Station,
       Ahmedabad and all supplemental, incidental and consequential
       proceedings arising pursuant to the said F.I.R. and therefore, it is urged
       that the present petition preferred by the petitioners may kindly be
       entertained and allowed.

       4. I further state that in the above captioned matter that the parties to the
       matter have arrived at an amicable settlement and as the matter is settled
       between the parties by mutual consent I hereby state that I, The
       complainant has not received any compensation for the above stated
       offence under any victim compensation scheme and if by any chance I do
       receive any compensation for the impugned offence under any Victim
       Compensation Scheme I am liable to return it to the concerned
       Authorities.

       5. I hereby undertake and state that as the matter is settled between the
       parties by way of mutual consent I hereby waive off and surrender my
       rights to receive any benefit/ compensation under any Victim
       Compensation Scheme as the matter is settled with the petitioners by
       mutual consent. ”




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

further with the proceedings pursuant to the impugned FIR

as well as the Special ATRO Case would be a futile exercise

and the same would amount to abuse of process of law.



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


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      R/CR.MA/7399/2026                       ORDER DATED: 02/04/2026




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

criminal proceedings pursuant to the impugned FIR as well as

the Special ATRO 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 Special ATRO 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.



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

of the First Information Report No. 11191046230259 of 2023

registered with the Airport Police Station, District – Ahmedabad

City, for the offences punishable under Sections 323, 427,


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        R/CR.MA/7399/2026                                                     ORDER DATED: 02/04/2026




  294(b) and 506(2) of the Indian Penal Code, 1860, under

  Section 135(1) of the Gujarat Police Act, and under Sections

  3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and

  Scheduled Tribes (Prevention of Atrocities) Act, 1989, as well

  as the proceedings of the Special ATRO Case No.128 of 2023

  pending before the learned trial Court, so also 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)
  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 02/04/2026 17:59:06




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