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2026 DAILYLAW 1078 (GUJ)

JAYDEEP RANJITAJI THAKOR v. STATE OF GUJARAT

SCR.A/6940/2026 · 2026-05-29

D N Ray

body2026

Judgment text

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R/SCR.A/6940/2026 ORDER DATED: 29/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6940 of 2026 ========================================================== JAYDEEP RANJITAJI THAKOR Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: O I PATHAN(7684) for the Applicant(s) No. 1 MS MAITHILI MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE D.N.RAY Date : 29/05/2026 ORAL ORDER 1. Rule. Ms. Maithili Mehta, learned Additional Public Prosecutor waives service of rule on behalf of State respondent. 2. Learned advocate Mr. R.S. Zeena states that he has instructions to appear for respondent No.3 – original victim. He is permitted to file his Vakalatnama. 3. The respondent No.3 – original victim viz. Payal Mukeshji Thakor is present before the Court and admits correctness and genuineness of the affidavit filed by her through his learned advocate. Learned advocate Mr. R.S. Zeena identifies the respondent No.3 and confirms correctness and genuineness of the affidavit filed by her. On R/SCR.A/6940/2026 ORDER DATED: 29/05/2026 the affidavit of compromise and settlement filed on behalf of the victim – respondent No.3, which is placed before this Court, is taken on record. 4. In the affidavit of the respondent No.3 annexed to as Annexure-B (page-70), it has been stated that she is married to the present petitioner. 5. With the consent of learned advocate for the applicant and learned advocate for respondents, present application is taken up for final disposal today. 6. By way of the present application under Section 528 of the Bhartiya Nagrik Surksha Sanhita, 2023, the applicant pray for quashing and setting aside the F.I.R. being I.CR.No. 11206020241182/2024 registered with Kadi Police Station, District: Mehsana for the offence punishable under Sections-87 and 137(2) of Bhartiya Nyay Sanhita, 2023. 7. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. Page 2 of 4 R/SCR.A/6940/2026 ORDER DATED: 29/05/2026 8. At the outset, it is submitted that the parties have amicably resolved the dispute. In support of such submission made at bar by the learned advocates appearing for the respective parties, they have placed on record affidavit of settlement of dispute duly signed by the respondent No.3 – original victim. 9. Since now, the dispute with reference to the impugned F.I.R. is settled and resolved by and between parties which is confirmed by the original complainant through his learned advocate, in view of the decision in case of Gian Singh V/s State of Punjab & Anr. Reported in (2012) 10 SCC 303 and Nikhil Merchant V/s Central Bureau of Investigation & Anr. Reported in 2009(1) GLH 31, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Therefore, the impugned F.I.R. is required to be quashed and set aside. 10. Resultantly, this application is allowed. Impugned F.I.R. being I.CR.No. 11206020241182/2024 registered with Kadi Police Station, District: Mehsana and all other consequential proceedings arising out of said FIR are hereby quashed and R/SCR.A/6940/2026 ORDER DATED: 29/05/2026 set aside qua the applicant herein. Rule is made absolute to the aforesaid extent. Direct service is permitted. (D.N.RAY,J) ROHAN SONI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 29/05/2026 14:34:35