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2026 DAILYLAW 6475 (GUJ)

HEMANT RAMSINGH PARDESHI (KAHAR) v. STATE OF GUJARAT

SCR.A/15676/2025 · 2026-02-17

M R Mengdey

body2026

Judgment text

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15676 of 2025 ========================================================== HEMANT RAMSINGH PARDESHI (KAHAR) & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: THAKKAR AND PAHWA ADVOCATES(1357) for the Applicant(s) No. 1,2,3,4 MS. TITHI Y. THAKKAR(18920) for the Respondent(s) No. 2 MS VRUNDA SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 17/02/2026 ORAL ORDER 1. Learned advocate appearing for the petitioners seeks permission to withdraw the present petition qua petitioner nos.01 and 03. 2. Permission as prayed for is granted. The present petition stands disposed of qua the petitioner nos.01 and 03. 3. Present application is preferred by the petitioner nos.02 and 04 under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking quashing of FIR No.11210003250994 of 2025 dated 28.10.2025 registered with Adajan Police Station, Surat City for the offences punishable under Sections 115(2), 309(4), 296(b), 351(3) and 54 of the Bharatiya Nyaya Sanhita, under Section 135 of the Gujarat Police Act and under Sections 3(2)(5) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 4. Heard learned Advocate for the petitioner nos.02 and 04, p. 2 learned advocate appearing for the respondent no.02(Original Complainant) and learned APP for the Respondent – State. 5. Rule. Learned APP waives service of notice of Rule for and on behalf of the respondent – State. Learned advocate Mr. Tithi Y. Thakkar appearing for the Respondent No.2 (Original Complainant) waives service of notice of Rule for the Respondent No.2 (Original Complainant). 6. Learned Advocate for the petitioner nos.02 and 04 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. 7. Leaned Advocate Ms. Tithi Y. Thakkar appearing on behalf of Respondent No.2 (Original Complainant) has placed on record duly sworn in Affidavit dated 11.12.2025. The same is ordered to be taken on record. Learned Advocate has submitted that matter has been amicably settled between the parties and there is no objection if present application is allowed. 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 and is hereby allowed qua the petitioner nos.02 and 04. The FIR being CR No. 11210003250994 of 2025 dated 28.10.2025 registered with Adajan Police Station, Surat City is hereby quashed and set aside qua the petitioner nos.02 and 04. Rule is made absolute. (M. R. MENGDEY,J) AHS