R/CR.MA/7345/2026 ORDER DATED: 30/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 7345 of 2026 ========================================================== UMANGBHAI DIPAKBHAI KANSARA (GORAKHIYA) & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR ANKIT V DIXIT(10019) for the Applicant(s) No. 1,2,3 MR ARUNKUMAR L AAHIR(10173) for the Applicant(s) No. 1,2,3 MS. KRINA P. CALLA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 30/03/2026 ORAL ORDER 1. Learned advocate Ms. Ansuya K. Makwana appears and submits that she has instructions to appear on behalf of the respondent no.2 – original complainant. She is permitted to !le her appearance. Registry shall accept her vakalatnama as and when the same is !led. 2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11196016230392 of 2023 registered with the Makarpura Police Station, Vadodara City, for the o3ences punishable under Sections 354, 323, 294(b), 506(2), 114 of the R/CR.MA/7345/2026 ORDER DATED: 30/03/2026 Indian Penal Code as well as the proceedings of the Criminal Case No. 114919 of 2024 pending in the Court of the learned Chief Judicial Magistrate and Additional Senior Civil Judge, Vadodara, so also all other consequential proceedings arising pursuant thereto. 3. Today, when the matter is called out, the complainant is present before this Court through virtual mode. She has also !led an a3idavit, which is annexed at Annexure ‘B’ to the application. In the said a3idavit, 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 !nal disposal. 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 Ms. Ansuya K. Makwana waives service of notice of rule for and on behalf of the respondent no.2 – complainant. Page 2 of 5 R/CR.MA/7345/2026 ORDER DATED: 30/03/2026 6. Learned advocate for the applicants-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR as well as the proceedings of the Criminal Case may be quashed and set-aside. 7. The complainant, who is present in the Court through virtual mode, has categorically stated before this Court that she has no objection if the application is allowed and the impugned FIR as well as the proceedings of the Criminal Case are quashed and set-aside. Thus, it appears from the aforesaid that sending the applicants-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 a3idavit !led by the complainant read thus : “2) I say that subsequent to registering of the FIR, amicable settlement has been arrived at between me and the petitioner- accused upon intervention of elderly members and reputed persons. I say that I have !led the above FIR in haste due to misunderstanding. I say that now, I have no any grievance against the petitioner. 3) I say that in the circumstances, I have no objection if the impugned FIR and all proceedings in pursuance thereto against the petitioner are quashed by this Hon'ble Court. I have no grievance against the accused person and this Hon'ble Court may be pleased to allow the petition, as prayed for.” 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 R/CR.MA/7345/2026 ORDER DATED: 30/03/2026 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 relation to the impugned FIR and the Criminal Case against the applicants-accused would be nothing but unnecessary harassment to the applicants-accused. It further appears that the trial would be a futile exercise and continuing further with the proceedings pursuant to the impugned FIR as well as the Criminal Case 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 Criminal 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. 11196016230392 of 2023 registered with the Makarpura Police Station, Vadodara City, for the o3ences punishable under Sections 354, 323, 294(b), 506(2), 114 of the Indian Penal Code as well as the proceedings of the R/CR.MA/7345/2026 ORDER DATED: 30/03/2026 Criminal Case No. 114919 of 2024 pending in the Court of the learned Chief Judicial Magistrate and Additional Senior Civil Judge, Vadodara, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside, qua the present applicants 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 30/03/2026 17:34:24