IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 2898 of 2026 ==========================================================

SHUBHAM AJAY PARMAR Versus STATE OF GUJARAT & ANR.

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Appearance:

M A KHAN(7515) for the Applicant(s) No. 1 MR ANIL H RATHOD(9691) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 13/03/2026

ORAL ORDER

1. Learned advocate Mr. Parth Chauhan appears and submits that he has instructions to appear on behalf of the respondent No. 2- complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.

2. By way of filing this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant- accused has prayed to quash and set aside the FIR being CR. No.11192050230212 of 2023 registered with the Sanand Police Station, District – Ahmedabad (Rural), for the offences punishable under Sections 406 and 420 of the Indian Penal Code, and under Sections 66(c) and 66(d) of the Information Technology Act, as well as the proceedings of the Criminal Case No.1305 of 2023 pending before the concerned trial court, so also all other consequential proceedings arising pursuant thereto qua the present applicant.

3. Today, when the matter is called out, the complainant is virtually present before the Court. Learned advocate appearing for the complainant has produced her identity proof as well as the affidavit, which are ordered to be taken on record. The complainant has admitted the contents of the affidavit and stated that she has received an amount of Rs.90,000/- from the present applicant. In the affidavit, the complainant has categorically stated that the dispute with the present applicant has been 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 between the parties has been amicably resolved, with the consent of learned advocates 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. Learned advocate Mr. Parth Chauhan waives service of notice of rule for and on behalf of the respondent No.2- complainant.

6. The complainant, who is virtually present in the Court, has categorically stated that the dispute has been amicably resolved with the applicant and she has no objection if the FIR is quashed. Thus, sending the applicant-accused to face the trial would be a futile exercise.

7. The relevant paragraphs of the affidavit filed by the complainant read thus:

“2. I say and submit that after filing of the well-wisher, there complaint, with help of has been an amicable settlement of dispute and i have received the full amount now there is no ill- will or grievance of the complainant against the present petitioner.

3. I say and submit that, the petitioner has preferred quashing of the FIR before this Hon'ble Court. I say and submit that I have no objection, if this Hon'ble Court may be pleased to quash and set aside complaint filed by respondent no. 2 before Sanad Police station, Ahmedabad (Rural) as (CR) FIR No.11192050230212 of 2023 for the offence punishable U/S 406,420,465,467,120 (B) of Indian Penal Code and section 66 (C), 66 (D) of the I.T. Act.

4. I say and submit that, I have affirmed this affidavit pressure, without any threat, coercion, undue influence, and under intoxication condition with sound mind and with my free state of mind and will and wish. Whatever stated herein above is true and correct as per my belief and same is true as per my knowledge.”

8. Having heard learned counsel appearing for the respective parties, as well as considering the fact