R/CR.MA/27083/2025 ORDER DATED: 07/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 27083 of 2025 ========================================================== VHORA SALIMBHAI @ LALA S/O UMARGANI KARIMBHAI & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR SAGAR D VAGHASIYA(13308) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 07/01/2026 ORAL ORDER 1. Learned advocate Mr.Rishabh R. Jain appears and submits that he has instructions to appear on behalf of the respondent no.2 - complainant. 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.11206044220318 of 2022 registered with the ‘A’ Division Police Station, Mahesana City, for the offences punishable under Sections 143, 323, 504 and 506(2) of the Indian Penal Code, 1860, as well as the proceedings of p. 1 R/CR.MA/27083/2025 ORDER DATED: 07/01/2026 the Criminal Case No.5664 of 2022 pending before the learned Judicial Magistrate First Class, Mahesana, so also all other consequential proceedings arising pursuant thereto. 3. Today, when the matter is called out, the complainant – Sakeenaben Nurmohammad Vhora, who is personally present before this Court, has produced her identity proof as well as the afÏdavit, which are ordered to be taken on record. In the said afÏdavit, the complainant has categorically stated that the dispute between her and the applicant-accused has been amicably resolved 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 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 Mr.Rishabh R. p. 2 R/CR.MA/27083/2025 ORDER DATED: 07/01/2026 Jain 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 before this Court that the dispute has been amicably resolved between the parties and she has no objection if the application is allowed and the impugned FIR is quashed and set-aside. 7. The relevant paragraph of the afÏdavit filed by the complainant - Sakeenaben Nurmohammad Vhora, reads thus : “5. In view of what is stated herein above and the settlement arrived at between the parties, I state and submit that the petition preferred by the present Petitioners be allowed and FIR bearing no. 11206044220318 of 2022 registered with 'A' Division Police Station, Mahesana City on 02.04.2022 under Section 143, 323, 504 & 506(2) of the Indian Penal Code, 1860 and the subsequent chargesheet as well as Criminal Case No. 5664 of 2022 pending before Ld. Judicial Magistrate First Class, Mahesana be quashed and set aside.” 8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR as well as the criminal case would be a futile exercise and the same would amount to abuse of process of law. Page 3 of 5 R/CR.MA/27083/2025 ORDER DATED: 07/01/2026 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 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 as well as the criminal 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 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. Page 4 of 5 R/CR.MA/27083/2025 ORDER DATED: 07/01/2026 10. In the result, the application is allowed. The First Information Report No.11206044220318 of 2022 registered with the ‘A’ Division Police Station, Mahesana City, for the offences punishable under Sections 143, 323, 504 and 506(2) of the Indian Penal Code, 1860, as well as the proceedings of the Criminal Case No.5664 of 2022 pending before the learned Judicial Magistrate First Class, Mahesana, so also all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside. 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 08/01/2026 11:16:18