IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 5221 of 2026 ========================================================== ADITYASINH @ ADARSINH GHANSHYAMSINH CHAVDA & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR DHARMESH R PATEL(5592) for the Applicant(s) No. 1,2 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 06/03/2026 ORAL ORDER 1. Learned advocate Mr. Rhythm Patel appears and submits that he has instructions to appear on behalf of the respondent no.2 – complainant. He is permitted to "le his appearance. Registry shall accept his vakalatnama. 2. By way of "ling the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused have prayed to quash and set-aside the First Information Report No.11216010260047 of 2026 registered with the Pethapur Police Station, District - Gandhinagar, for the o7ences punishable under Sections 115(2), 352, 351(2), 324(4) and 54 of the Bharatiya Nyaya Sanhita, 2023, and under Section 135 of the Gujarat Police Act, p. 1 as well as all other consequential proceedings arising pursuant thereto. 3. Today, when the matter is called out, both the complainant and the victim are personally present before this Court and have produced their identity proofs as well as the a<davits, which are ordered to be taken on record. In the said a<davit, the complainant and the victim have categorically stated that the dispute has been amicably resolved between the parties 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 Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Rhythm Patel waives service of notice of rule for and on behalf of the p. 2 respondent no.2 – complainant. 6. The complainant and the victim, who are personally present before this Court, have categorically stated before this Court that the dispute has been amicably resolved and they have no objection if the application is allowed and the impugned FIR is quashed and set-aside. 7. The relevant paragraphs of the a<davit "led by the complainant – Pratiksinh Rajendrasinh Waghela,read thus : “(2) That the deponent most respectfully submits that at the intervention by the near and dear once of the deponent as well as by the village people, issue has been resolved. (3) That the deponent most respectfully submits that he has no grievance against all the accused and for the betterment of the relations of deponent and petitioners as well as to maintain peace in the village, "ling this a<davit in support of the present petition. (4) That the deponent giving his consent by his free will and volition to quashed the FIR being Cr. No. 11216010260047 of 2026 registered with Pethapur Police Station, Dist. Gandhinagar and further proceeding thereof against all the petitioners accused.” 8. The relevant paragraphs of the a<davit "led by the victim – Siddhrajsinh Dineshsinh Chavda, read thus : “(2) That the deponent most respectfully submits that at the intervention by the near and dear once of the deponent as well as by the village people, issue has been resolved. (3) That the deponent most respectfully submits that he has no grievance against all the accused and for the betterment of the relations of deponent and petitioners as well as to maintain peace p. 3 in the village, "ling this a<davit in support of the present petition. (4) That the deponent giving his consent by his free will and volition to quashed the FIR being Cr. No. 11216010260047 of 2026 registered with Pethapur Police Station, Dist. Gandhinagar and further proceeding thereof against all the petitioners accused. ” 9. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR would be a futile exercise and the same would amount to abuse of process of law. 10. 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 continuing further with the proceedings pursuant to the impugned FIR would be a futile p. 4 exercise and the same would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and 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. 11216010260047 of 2026 registered with the Pethapur Police Station, District - Gandhinagar, for the o7ences punishable under Sections 115(2), 352, 351(2), 324(4) and 54 of the Bharatiya Nyaya Sanhita, 2023, and under Section 135 of the Gujarat Police Act, as well as all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside qua the present applicants. 11. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) DEEPAK GEHLOT p. 5 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 09/03/2026 14:24:35