BHARTIBEN KISHORBHAI PATELversusSTATE OF GUJARAT

      R/CR.MA/8302/2026                              ORDER DATED: 10/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                    FIR/ORDER) NO. 8302 of 2026
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                          BHARTIBEN KISHORBHAI PATEL
                                     Versus
                            STATE OF GUJARAT & ANR.
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Appearance:
MR ANAND M RANPARA(10976) for the Applicant(s) No. 1
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. Gnanesh Bhatt 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 as and when
the same is filed.


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 First Information
Report No. Part-A/11210050251384 of 2025 registered with the
Rander Police Station, Surat City, for the offences punishable
under Sections 3, 4, 5(c) of the Gujarat Land Grabbing
(Prohibition) Act, 2020; the chargesheet as well as the
proceedings of the GLGP Case No. 37 of 2025 pending in the


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     R/CR.MA/8302/2026                         ORDER DATED: 10/04/2026




Court of the learned Additional District and Sessions Judge,
Surat, 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
submitted his affidavit.   The same 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 with the present applicant
has been amicably resolved 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. Gnanesh
Bhatt 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


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     R/CR.MA/8302/2026                              ORDER DATED: 10/04/2026




parties, the application may be allowed and the impugned FIR,
the charge-sheet and the proceedings of the GLGP Case may be
quashed and set-aside.

7.     The complainant, who is personally present in the Court,
has categorically stated before this Court that he has no
objection if the application is allowed and the FIR, the
chargesheet as well as the proceedings of the GLGP Case are
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.

8.     The relevant paragraphs of the affidavit filed by the
complainant – Mitrajsinh Anilsinh Jadeja, read thus :
       “1)     I say and submit that I am the original complainant in
       connection with F.I.R. being Part - A/11210050251384 of 2025
       registered with Rander Police Station, Surat City on 19.10.2025
       for the offences punishable under provisions of Section 3, 4, and
       5(c) of The Gujarat Land Grabbing (Prohibition) Act, 2020, and as
       such I am well acquainted with the facts of the case and I am
       competent to swear this affidavit.

       2)     I say and submit that the aforesaid F.I R. came to be
       lodged pursuant to the order passed by the special committee
       constituted under The Gujarat Land Grabbing (Prohibition) Act,
       2020 is respect of the property bearing House no. 69 constructed
       on non-agricultural land admeasuring 58.53 sq mts. situated at
       Final Plot no. 55 of T.P. Scheme no. 14 (Rander-Adajan), Revenue
       Survey no. 183/1 of District: Surat.

       3)     I say and submit that during the pendency of the
       proceedings, the dispute between the deponent and the present
       petitioner have been amicably resolved and settled out of court.

       4)    I also say and submit that a Memorandum of
       Understanding dated 24.03.2026 has been executed between the


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       answering respondent and the present petition, wherein all
       disputes have been resolved fully and finally.

       5)     I say and submit that pursuant to the said settlement, I
       have executed a registered sale deed in respect of the property
       in question in favour of the daughter-in-law of the present
       petitioner i.e. Kunjal Dhavalkumar Patel on 24.03.2026 bearing
       Registration no. 9042, registered with the Office of Sub
       Registrar, Surat-8 (Adajan) and I have received the full and final
       consideration as agreed upon between the parties

       6)     I therefore say and submit that I have no objection if the
       impugned F.I.R. being Part-A/11210050251384 of 2025
       registered with Rander Police Station, Surat City, Chargesheet
       no. 125 of 2025 dated 17.11.2025 and GLGP Case no. 37 of 2025
       pending before the Court of Ld. Additional District and Sessions
       Judge, Surat are quashed and set aside by this Honourable Court

       7)     I say and submit that this affidavit is made for the purpose
       of placing on record my consent for quashing of the aforesaid
       proceedings and to enable the petitioner to receive appropriate
       orders from this Honourable Court.”


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, 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


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          R/CR.MA/8302/2026                                                ORDER DATED: 10/04/2026




    relation to the impugned FIR, the chargesheet and the Criminal
    Case 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 proceedings pursuant to the impugned FIR, the
    chargesheet as well as GLGP Case would amount to abuse of
    process of law. Hence, to secure the ends of justice, the
    impugned FIR, the chargesheet as well as GLGP 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 First
    Information Report No.                   No. Part-A/11210050251384 of 2025
    registered with the Rander Police Station, Surat City, for the
    offences punishable under Sections 3, 4, 5(c) of the Gujarat
    Land Grabbing (Prohibition) Act, 2020; the chargesheet as well
    as the proceedings of the GLGP Case No. 37 of 2025 pending in
    the Court of the learned Additional District and Sessions Judge,
    Surat, so also all other consequential proceedings arising
    pursuant thereto are hereby ordered to be quashed and set-
    aside, qua the present applicant only.

    11.     Rule made absolute. Direct service is permitted.



                                                                               (VIMAL K. VYAS, J)
    AMAR SINGH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 10/04/2026 18:10:52
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