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2026 Supreme(Online)(Guj) 1793

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE M. R. MENGDEY
SHAIL BHARAT SHETH (SAHIL BHARATBHAI SHETH)V/sSTATE OF GUJARAT
R/SCR.A/2542/2026



IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.

2542 of 2026 ==========================================================

SHAIL BHARAT SHETH (SAHIL BHARATBHAI SHETH)

Versus STATE OF GUJARAT & ANR.

==========================================================

Appearance:

MR DIPESH D SONI(9996) for the Applicant(s) No. 1 MS. VRUNDA SHAH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 25/02/2026

ORAL ORDER

1.

Present application is preferred by the petitioner under Section 482 of the Code of Criminal Procedure, seeking quashing of FIR No.11210008201855 of 2020 registered with Sarthana Police Station, Surat City for the offences punishable under Sections 406, 409, 420, 419, 467, 468, 471, 120(B), and 114 of the Indian Penal Code.

2.

Heard learned Advocate for the petitioner and learned APP for the Respondent – State.

3.

Rule. Learned APP waives service of notice for and on behalf of the respondent – State.

4.

Learned Advocate for the petitioner has submitted that the matter has been amicably settled between the parties and they are now not willing to proceed with the complaint any further.

5.

Leaned Advocate Mr. Janak Parmar appearing on behalf of Respondent No. 2 (Original Complainant), who is present before this Court, has placed on record duly sworn in Affidavit dated 09.02.2026. The same is ordered to be taken on record. Learned Advocate has submitted that matter has been amicably settled between the parties and there is no objection if present application is allowed. The affidavit reads thus:

“I, Kalpeshbhai Gordhanbhai Satasiya Age: 38 years, Male, Occ: Textile Business, Residing at: 156, Shantiniketan, Vraj Chowk, Sarthana Jakatnaka, Surat., the complainant/respondent no. 2 herein, do hereby affirm and state on solemn affirmation that:

A. That, I had registered an F.I.R. dated 11/11/2020 being I-Part 11210008201855 of 2020 registered with Sarthana Police Station, Surat City for the alleged offences punishable under Sections 406, 409, 420, 419, 467, 468, 471, 120(B), and 114 of the Indian Penal Code qua the present Applicant at Annexure -'A'.

B. That, now there has been an amicable settlement between the Applicant and me and all the disputes between us are now compromised.

C. I hereby state that the said settlement has been entered into by me with free will and consent and without any coercion.

D. That now as there is no grievance against the Applicant herein, I do not want to proceed further with the present F.I.R. dated 11/11/2020 being I-Part 11210008201855 of 2020 registered with Sarthana Police Station, Surat City for the alleged offences punishable under Sections 406, 409, 420, 419, 467, 468, 471, 120(B), and 114 of the Indian Penal Code qua the present Applicant at Annexure - 'A'.

E. And hence, if it is quashed qua the present Applicant herein, I do not have any objection to the same. Hence, the present F.I.R. at Annexure- 'A' may kindly be quashed qua the Applicant herein because ultimately, the trial would be a futile exercise.

F. That I have read over the contents of the affidavit in vernacular language and I am conversant with the facts and circumstances of the case, am competent to depose that the statement of facts and rest of the statements are true to my information and belief and I believe the same to be true and correct.”

6. Considering averments made in the Affidavit as also the submissions made by the learned Advocates for the respective parties, the present Application deserves to be allowed and is hereby allowed. The FIR No.11210008201855 of 2020 registered with Sarthana Police Station, Surat City is hereby quashed and set aside. Rule is made absolute.

(M. R. MENGDEY,J)

NABILA

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