High Court of Gujarat
ASHOKBHAI JIVRAJBHAI SAVANIversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- M R MENGDEY
Holding
The court held that the FIR is quashed and set aside, and the heirs are to be joined as legal representatives.
Summary
The petitioners filed a Special Criminal Application under Section 482 of the Code of Criminal Procedure seeking quashing of FIR No. I‑30 of 2010 registered at Chowk Bazaar Police Station, Surat, which alleged offences under various sections of the Indian Penal Code. The petitioners asserted that there were no prior antecedents against them and that the matter had been amicably settled, with the original complainant filing an affidavit confirming the settlement and consent to withdraw the complaint. The State, represented by counsel, waived service of notice and did not oppose the application. The court, after considering the affidavit and the parties' submissions, held that the FIR could be set aside in view of the settlement and lack of any pending dispute. Consequently, the FIR was quashed and the application was allowed. Additionally, a criminal miscellaneous application to join the heirs as legal representatives of the original complainant was also allowed.
Issues considered
- Whether an FIR can be quashed under Section 482 CrPC when the parties have reached an amicable settlement.
- Whether the heirs of the original complainant can be joined as legal representatives in the pending petition.
Legislation cited
- Code of Criminal Procedures. 482
- Indian Penal Code, 1860s. 114, s. 120B, s. 34, s. 406, s. 420, s. 467, s. 468, s. 471, s. 504, s. 506(2)
Subjects
quashing of FIRSection 482 CrPCamicable settlementIndian Penal Code offenceslegal representativesheirscriminal procedure
Judgment
R/SCR.A/1860/2026 ORDER DATED: 09/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
1860 of 2026
With
CRIMINAL MISC.APPLICATION (FOR JOINING PARTY) NO. 1 of 2026
In R/SPECIAL CRIMINAL APPLICATION NO. 1860 of 2026
==========================================================
ASHOKBHAI JIVRAJBHAI SAVANI & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR.NANDISH H THACKAR(7008) for the Applicant(s) No. 1,2,3
MR ROHAN SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 09/02/2026
ORAL ORDER
Order in Criminal Misc. Application No. 1 of 2026
Criminal Misc. Application No. 1 of 2026 stands allowed. The applicants
are ordered to be included in the main petition as the heirs are legal
representative of the original complainant
Order in Special Criminal Application No. 1860 of 2026
1. Present application is preferred by the Petitioner under Section 482
of the Code of Criminal Procedure, seeking quashing of FIR No. I- 30 of
2010 registered with Chowk Bazaar Police Station, Surat for the offences
punishable under Sections 406, 420, 467, 468, 471, 504, 506(2), 114,
120(B), 34 of IPC.
2. Heard learned Advocate for the Applicant and learned APP for the
Respondent – State.
Page 1 of 3
R/SCR.A/1860/2026 ORDER DATED: 09/02/2026
3. Rule. Learned APP waives service of notice for and on behalf of
the respondent – State.
4. Learned Advocate for the Petitioner has submitted that there is no
antecedents against the petitioner and 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. Karan V. Vyas appearing on behalf of
Respondent No. 2 (Original Complainant), who is present before this
Court, has placed on record duly sworn in Affidavit dated 16.12.2025.
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. The affidavit reads
thus:
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hatLt.MaganbhaiMangubhaiPat el
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rs
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aben w/o MaganbhaiMangubhaiPat el,(2)Nav i
nbhai
MaganbhaiPatel
,(3)As hokbhaiMaganbhaiPa tel
,(4)Ushabend/
oMaganbhaiMangubhaiPat el,(5
)Balv ant
bhaiMaganbhaiPatel
and (6)Parvat
iben aliasPi naben d/
o Maganbha iMangubhai
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.That,t
hel e
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als
ov i
cti
msintheaforeme nti
onedcomplaint
.
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ei sac ompr omi see nte
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it
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et heLe arned14t hAdd.Di s t
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ctJ udge ,Sur ati nRe gular
CivilAppe alNo.18 of2022,whe reint he pe tit
ioners hav e
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Page 2 of 3
R/SCR.A/1860/2026 ORDER DATED: 09/02/2026
Registrat
ionNo.8402i nBookNo.1ofSub- RegistrarSurat
-4
(Katargam)bede cl
arednullandv oidandt hede ponentshave
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urne dtheamountinvest
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oneralongwi thint
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dated24. 12.
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alCivilSuitNo.88of2011 ),andthe
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13.12.2025,beingt
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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
FIR being CR No. I- 30 of 2010 registered with Chowk Bazaar Police
Station, Surat is hereby quashed and set aside.
Rule is made absolute.
(M. R. MENGDEY,J)
SAKSHI MAURYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SAKSHI MAURYA(HC02367), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 11/02/2026 15:07:39
Page 3 of 3
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