MAYURSINH HARISINH KIRVATSINH RAULJI v. STATE OF GUJARAT
CR.MA/10800/2026 · 2026-05-06
M K Thakker
body2026
DailyLaw.ai
[ 2026 DAILYLAW 984 (GUJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 984 (GUJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
R/CR.MA/10800/2026 ORDER DATED: 06/05/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 10800 of 2026 ========================================================== MAYURSINH HARISINH KIRVATSINH RAULJI & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR AMIT N CHAUDHARY(5599) for the Applicant(s) No. 1,2,3 RONAK RAVAL, APP for the Respondent(s) No. 1 ==========================================================
CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/05/2026
ORAL ORDER
1. Rule. Learned APP Mr. Raval for the State and learned advocate Mr. B. J. Patel waive service of notice of rule on behalf of the respective respondents. 2. The present application is filed for quashment of the FIR No.11204021220111 of 2022 registered with Dakor police station, Kheda for the offences punishable under Sections 467, 468, 471 and 114 of the IPC. 3. It is submitted by the learned advocate Mr. Chaudhary that dispute has been resolved between the parties and complainant has consent for quashment of the FIR. 4. Learned advocate Mr. Bhavesh J. Patel appearing for the
R/CR.MA/10800/2026 ORDER DATED: 06/05/2026 respondent No.2 has supported the above submissions and drawn the attention of this Court with regard to the afÏdavit which if filed at page 18. 5. This Court has referred to the afÏdavit, which is reproduced hereinbelow;
“1. I say and submits that the applicants have filed present criminal Misc application for quashing & setting aside F.I.R no 11204021220111 of 2022, offence registered u/s 467,468,471 & 114 of I.P.C lodged at Dakor police station on 07/03/2022 as well as other consequential of proceeding of the Fir against the applicants. 2. I have gone through the content of present Criminal Misc application, I have seen the prayer made in above application and I am competent to understand the present criminal misc application and its prayer for quashing the F.I.R and other consequence proceeding including charge sheet filed in above FIR and Criminal case no 418 of 2022 pending before the J.M.F.C, Dakor, Dist -Kheda against the applicants. 3. I say and submits that I am original victim and complainant of F.I.R no 11204021220111 of 2022, offence alleged u/s 467,468,471 & 114 of I.P.C against the applicants/petitioners at Dakor police station on 07/03/2022. I am shown as complainant in above Fir. I say and submits that there is amicable settlement has been arrived between the party. I say and submits that I have no any objection if above FIR & other consequence proceeding including charge sheet filed in above FIR and Criminal case no 418 of 2022 pending before
R/CR.MA/10800/2026 ORDER DATED: 06/05/2026 the J.M.F.C, Dakor, Dist - Kheda against the applicants to be quash and set aside by this honorable high court in interest of justice. 4.
I say and submits that I am complainant and I have no any grievance against applicants as settlement has been arrived and I have no any objection if present Fir is quashed and set aside by mercy of this honorable high court. 5) I say and submits that I am willing agree and not under the impression of intoxication, coercion and there is no any pressure for filing present afÏdavit. 6) I am competent to depose that what is stated hereinabove is true to the best of my knowledge information and belief and I believe the same to be true and correct.”
6. Having considered the nature of the dispute and the allegations made in the FIR against the present applicants, coupled with the fact that the dispute has been resolved between the parties and the decisions rendered by the Hon'ble Supreme Court 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), it appears that further
R/CR.MA/10800/2026 ORDER DATED: 06/05/2026 continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. I have also considered the latest decision of the Hon'ble Supreme Court in the case of ‘Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat’, Criminal Appeal No.1723 of 2017, dated 4.10.2017 and the guidelines issued by the Hon'ble Supreme Court in the said decision, particularly Paragraph-15, thereof. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires
consideration. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
7. Resultantly, this application is allowed and the impugned F.I.R., bearing No. No.11204021220111 of 2022 registered with Dakor police station, Kheda, is hereby quashed and set aside qua the applicants only. Consequently, all other proceedings arising
R/CR.MA/10800/2026 ORDER DATED: 06/05/2026 out of the aforesaid F.I.R. are also quashed and set aside qua the applicants. Accordingly, Rule is made absolute. Direct service is permitted.
(M. K. THAKKER,J) Vikramsinh Amarsinh Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VIKRAM SINGH(HCW0055), English Steno Grade II, at High Court of Gujarat on 08/05/2026 11:30:20