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 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. Page 2 of 6 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. 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. 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 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, 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