R/CR.MA/4637/2026 ORDER DATED: 12/03/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 4637 of 2026 ========================================================== GOPAL KUMAR MANOJ SING BHUMIHAR (AS PER CHARGE SHEET DATED 09.04.2019)(CORRECT NAME GOPAL KUMAR) & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR RAMNANDAN SINGH(1126) for the Applicant(s) No. 1,2 MR MANAN MAHETA, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 12/03/2026 ORAL ORDER 1. Learned advocate Ms.Hiral Prajapati appears and submits that she has instructions to appear on behalf of the respondent no.2 – original complainant. She is permitted to file her appearance. Registry shall accept her vakalatnama. 2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants- original accused seek to invoke the inherent powers of this Court, praying to quash and set- aside the First Information Report being C.R.No.I- 7 of 2019 registered with the Morbi Taluka Police Station, Morbi for the offences punishable under Sections 406, 420 and 120(B) of the Indian Penal Code; the charge sheet dated 09.04.2019 as well as the proceedings of the Criminal Case No.2483 of 2019 pending before the learned Chief Judicial Magistrate, Morbi qua the applicants herein, so also all other consequential proceedings arising pursuant thereto. Page 1 of 7 R/CR.MA/4637/2026 ORDER DATED: 12/03/2026 3. Today, when the matter is called out, the original complainant, who is personally present before this Court, has produced his identity proof as well as the additional affidavit, which are ordered to be taken on record. In the additional affidavit, the complainant has categorically stated that the dispute between him and the applicants- accused has been amicably resolved and there is no ill-will or any grievance amongst them. He, therefore, does not want to proceed further with the criminal proceedings pursuant to the impugned FIR, the charge-sheet and the Criminal Case against the present applicants. 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 final 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 Ms.Hiral Prajapati waives service of notice of rule for and on behalf of the respondent no.2 – complainant. Page 2 of 7 R/CR.MA/4637/2026 ORDER DATED: 12/03/2026 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, the charge-sheet as well as the proceedings of the Criminal Case may be quashed and set- aside. 7. The original complainant, who is present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the impugned FIR; the charge-sheet 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 affidavit of the original complainant dated 18.02.2026, read thus : “1. I say and submit that I have filed a complaint being FIR, being C. R. No.I- 7 of 2019 registered before Morbi Taluka Police Station, Morbi on 12.01.2019 for the offence punishable under Section 406, 420 and 120(B) of Indian Penal Code against the applicants herein. 2. I say and submit that charge-sheet came to be filed and Criminal Case No.2483 of 2019 came to be registered against the present applicants and trial is pending. Page 3 of 7 R/CR.MA/4637/2026 ORDER DATED: 12/03/2026 3. I say and submit that the present applicants have agreed to compensate the loss caused to me through the present applicants. Hence, I am giving consent to quash the FIR, being C. R. No. I - 7 of 2019 registered before Morbi Taluka Police Station, Morbi on 12.01.2019, charge-sheet dated 09.04.2019 filed by Morbi Taluka Police Station and Criminal Case No.2483 of 2019 pending before learned Chief Judicial Magistrate, Morbi qua the applicants herein. I have also no objection if the bank accounts of the applicant No.2 being Saving Account No.918010095510113 and Current Account No.918020095513850 in Axis Bank, Barbigha Branch, Sheikhpura, Bihar, freezed by the police authorities in connection with the aforesaid FIR are ordered to be de-freezed. 4. I am filing this affidavit with my own volition without any undue influence or pressure by any person upon me.” 9. The relevant paragraphs of the additional affidavit of the original complainant dated 12.03.2026, read thus : “1. I say and submit that I have filed a complaint being FIR, being C. R. No.I- 7 of 2019 registered before Morbi Taluka Police Station, Morbi on 12.01.2019 for the offence punishable under Section 406, 420 and 120(B) of Indian Penal Code against the applicants herein. 2. I say and submit that I have already filed one affidavit before this Hon'ble Court but this is being filed in addition to the earlier affidavit. Page 4 of 7 R/CR.MA/4637/2026 ORDER DATED: 12/03/2026 3. I say and submitted that I have already enchased the draft of 20 lacs given by Gopal Kumar S/o. ₹ Manoj Singh Bhumihar. Thus, so far as accused Gopal Kumar S/o. Manoj Singh Bhumihar, Kumar Ajeet S/o. Birendra Singh Bhumihar and Rinku Devi @ Rinku Kumari W/o Ajeet Bhumihar (Ajeet Kumar) are concerned the amount has already been received. 4. I say and submit that so far as Vipul Kumar is concerned, he has given cheque but today he is handing over draft of 10 lacs drawn at UCO Bank ₹ Sheikhpura dated 07.03.2026 bearing Draft No. 192503. Thus, I have been paid entire amount as promised by all the three accused. Copy of the draft of 10 lacs drawn at UCO Bank Sheikhpura dated ₹ 07.03.2026 bearing Draft No. 192503 is annexed herewith and marked as ANNEXURE-'I' to this affidavit. 5. Thus, I give consent for quashing of FIR being C. R. No.I- 7 of 2019, charge sheet dated 30.05.2019 and Criminal Case No. 3683 of 2019 pending before learned Chief Judicial Magistrate, Morbi qua Kumar Ajeet S/o. Birendra Singh Bhumihar and FIR being C. R. No.I-7 of 2019, charge sheet dated 09.04.2019 and Criminal Case No. 2483 of 2019 pending before learned Chief Judicial Magistrate, Morbi qua Gopal Kumar S/o. Manoj Singh Bhumihar, as I am receiving payment of 20 lacs combinedly by aforesaid three ₹ accused. 6. 6. I say and submit that I have no objection if the bank account of the accused which were freezed are de-freezed. Page 5 of 7 R/CR.MA/4637/2026 ORDER DATED: 12/03/2026 7. I am filing this affidavit with my own volition without any undue influence or pressure by any person upon me.” 10. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., 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 & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) and State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that continuing further with the criminal proceedings in relation to the impugned FIR, the charge-sheet as well as the Criminal Case against the applicants-accused would be an unnecessary harassment to the applicants-accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR, the charge- sheet as well as the proceedings of the Criminal Case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR, the charge-sheet as well as the proceedings of the Criminal Case, so also all other p. 6 R/CR.MA/4637/2026 ORDER DATED: 12/03/2026 consequential proceedings arising pursuant thereto are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023. 11. In the result, the application is allowed. The First Information Report being C.R.No.I- 7 of 2019 registered with the Morbi Taluka Police Station, Morbi, for the offences punishable under Sections 406, 420 and 120(B) of the Indian Penal Code; the charge sheet dated 09.04.2019 as well as the proceedings of the Criminal Case No.2483 of 2019 pending before the learned Chief Judicial Magistrate, Morbi qua the applicants herein, so also all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside qua the present applicants only. 12. The learned Chief Judicial Magistrate, Morbi, is directed to pass an order to de-freeze the bank accounts of the applicant No.2 being Savings Bank Account No.918010095510113 and Current Account No.918020095513850 with the Axis Bank, Barbigha Branch, Sheikhpura, Bihar. 13. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) DIPTI PATEL p. 7