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2026 DAILYLAW 6352 (GUJ)

LILA MAHESHDAN DEVDAN v. STATE OF GUJARAT

SCR.A/14723/2025 · 2026-01-12

M R Mengdey

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

R/SCR.A/14723/2025 ORDER DATED: 12/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14723 of 2025 ========================================================== LILA MAHESHDAN DEVDAN & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR NEEL P LAKHANI(10679) for the Applicant(s) No. 1,2,3,4,5,6,7 MR PM LAKHANI(1326) for the Applicant(s) No. 1,2,3,4,5,6,7 MR. DHAWAN JAYSWAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 12/01/2026 ORAL ORDER 1. Learned Advocate for the Petitioner does not press the present Application qua Petitioner No.5 – Maliya Palabhai Dhakhabhai and seeks permission to withdraw the Petition qua him. 1.1 Permission as prayed for is granted. The Petition stands disposed of as withdrawn qua Petitioner No.5. 2. Qua other Petitioners i.e. Petitioner Nos. 1, 2, 3, 4, 6 & 7, the Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 11203004250566 of 2025 registered with ‘C’ Division Police Station, Junagadh for the offences punishable under Sections 117(2), 115(2), 189(2), 191(2), 191(3), 190, 296(b), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Gujarat Police Act. 3. Heard learned Advocate for the Applicant and learned APP for the Respondent – State. Learned Advocate Mr. Rahil Seikh appears and states that he has received instructions to appear on behalf of Respondent p. 1 R/SCR.A/14723/2025 ORDER DATED: 12/01/2026 No.2 – Original Complainant and he would be filing his appearance during the course of the day. Registry to accept the Vakalatnama. 4. Rule qua Petitioner Nos. 1, 2, 3, 4, 6 & 7. Learned APP waives service of notice for and on behalf of the respondent – State and learned Advocate Mr. Rahil Seikh waives service of Rule on behalf of the Original Complainant. 5. Qua Petitioner Nos. 1, 2, 3, 4, 6 & 7, learned Advocate for the Petitioners has submitted that the matter has been amicably settled between the parties and they are now not willing to proceed with the complaint any further. 6. Learned Advocate Mr. Rahil Seikh appearing on behalf of Respondent No. 2 – Mihirdan Shambhudan (Original Complainant) has placed on record the Affidavit dated 9.1.2026. Learned Advocate has submitted that matter has been amicably settled between the parties and there is no objection if present application is allowed qua Petitioner Nos. 1, 2, 3, 4, 6 & 7. The relevant paragraph from the Affidavit qua Petitioner Nos. 1, 2, 3, 4, 6 & 7 can be read thus as: “ 3. I have already settled the disputes with the Petitioners and therefore, I have no objection if the present complaint against the present Petitioners is quashed and set -aside. 4. That, I have settled the dispute with my full consciousness and consent and without any pressure or fear and with free consent. 5. I don’t want to proceed further with my complaint against the present Petitioners (accused). 6. I further say and submit that all my grievances and dispute with the present Petitioners are fully resolved amicably and now no disputes or grievances remains qua the present Petitioners. Page 2 of 3 R/SCR.A/14723/2025 ORDER DATED: 12/01/2026 7. I have no objection if this Petition be allowed and complaint against the Petitioners be quashed. 8. I hereby express my willing consent and I hereby prays this Hon’ble Court to allow the Petition of the Petitioners and be pleased to quash and set aside the above mentioned FIR and all its subsequent proceedings qua the present Petitioners.” 6. Considering averments made in the Affidavit as also the submissions made by the learned Advocates for the respective parties, the present Application deserves to be allowed qua Petitioner Nos. 1, 2, 3, 4, 6 & 7 and is hereby allowed qua them. The FIR No. 11203004250566 of 2025 registered with ‘C’ Division Police Station, Junagadh for the offences punishable under Sections 117(2), 115(2), 189(2), 191(2), 191(3), 190, 296(b), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Gujarat Police Act, is hereby quashed and set aside qua Petitioner Nos. 1, 2, 3, 4, 6 & 7. Rule is made absolute qua Petitioner Nos. 1, 2, 3, 4, 6 & 7. (M. R. MENGDEY,J) J.N.W / SB 2 p. 3 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: JAYANTILAL NARAYAN WAGHELA(HC00178), Principal Pvt. Secretary, at High Court of Gujarat on 12/01/2026 18:23:23