IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 2829 of 2026 ==========================================================

KETAN CHHAGANLAL PATEL Versus STATE OF GUJARAT & ANR.

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Appearance:

MR YASH B PATEL(12956) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 11/03/2026

ORAL ORDER

1. Learned advocate Mr. Jaymin Vyas 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 C.R. No.11210023240885 of 2024 registered with the Khatodara Police Station, District- Surat City, for the offences punishable under Sections 420 and 120(B) of the Indian Penal Code, as well as the proceedings of the Criminal Case No.152065 of 2024 pending before the learned Judicial Magistrate First Class, Surat, so also all other consequential proceedings arising pursuant thereto qua the applicant.

3. Today, when the matter is called out, the complainant is virtually present before this Court. Learned advocate appearing for the complainant has produced the identity proof and the affidavit filed by the complainant, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that the dispute between the parties 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. Jaymin Vyas waives service of notice of rule for and on behalf of the respondent No.2- complainant.

6. The complainant, who is virtually present before the Court, has categorically stated that the dispute has been amicably resolved with the applicant and he 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:

“1. I state and submit that I am the original complainant in the present petition in the impugned F.I.R. being C.R. No. 11210023240885/2024 filed at Khatodara Police Station, Surat for alleging offences punishable under Sections 420,120B of the Indian Penal Code that I am well conversant with the facts of the case and I have gone through the entire contents of the present petition, I am competent to file the present affidavit.

2. The dispute arise between the complainant and applicant has been amicably settled thus therefore the complaint has no objection in quashing of the aforesaid FIR and charge-sheet filed against the applicant.

3. That pursuant to the above stated incident, one F.I.R. came to be registered, being C.R. No. 11210023240885/2024 filed at Khatodara Police Station, Surat for alleging offences punishable under Sections 420, 120B of the Indian Penal Code against the present petitioner.

4. It is further submitted that in the present case an amicable settlement has arrived at between the present petitioner and the deponent herein, and therefore, a full and final amicable settlement has been arrived at between the original complainant and the present petitioner the original accused no. 1 and therefore no dispute prevails, therefore the deponent has no objection if the F.I.R. may be quashed and set aside.”

8. Havi