IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 4699 of 2026 ==========================================================

MANOJBHAI KISHANCHANS LALWANI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. R. D. KAPADIA(14050) for the Applicant(s) No. 1 MS ASMITA PATEL, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 26/02/2026

ORAL ORDER

1. Learned advocate Ms.Rushvi Shah appears and submits that she has instructions to appear on behalf of the respondent no.2 – original complainant. She is permitted to file her appearance. Registry shall accept her vakalatnama.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant- original accused seeks to invoke the inherent powers of this Court, praying to quash and set- aside the First Information Report being C.R.No.11207025240092 of 2024 registered with the Godhara A-Division Police Station, District: Panchmahals, for the offences punishable under Sections 51, 63 and 64 of the Copyrights Act, 1957; the charge sheet as well as the proceedings of the Criminal Case No.5074 of 2024 pending before the learned Chief Judicial Magistrate, Godhara, so also all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the original complainant, who is personally present before this Court, has produced his identity proof as well as the affidavit, which are ordered to be taken on record. In the affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute between him and the applicant- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, he does not want to proceed further with the criminal proceedings pursuant to the impugned FIR, the charge-sheet and the Criminal Case against the present applicant.

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 Ms.Asmita Patel waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Ms.Rushvi Shah waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. Learned advocate for the applicant-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR, the charge-sheet as well as the proceedings of the Criminal Case may be quashed and set-

aside.

7. The original complainant, who is present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the impugned FIR; the charge-sheet as well as the proceedings of the Criminal Case are quashed and set-aside. Thus, it appears from the aforesaid that sending the applicant-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law.

8. The relevant paragraphs of the affidavit of the original complainant, read thus :

“1. That I am the first informant (complainant) and at my instance the FIR came to be registered with Gadhra A - NOTARY Division Police Station, Godhra vide-FIR No. 11207025240092 of *2024, for the offences punishable under sections 51, 63 and 64, of Copyrights Act. 1957 and therefore I am aware about the facts of the case and hence, I am competent to file this affidavit.

2. I state that the dispute between the parties in relation to the subject FIR had occurred on account of the Petitioner in the present petition engaged i