IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 3936 of 2026 ==========================================================

PARVATBHAI KHODABHAI MORADIYA & ORS.

Versus STATE OF GUJARAT & ANR.

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

Appearance:

MS. MANISHA K. PADHIYAR, ADVOCATE FOR MR TULSHI R SAVANI(3070) for the Applicant(s) No. 1,2,3 MS. ASMITA PATEL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 25/02/2026

ORAL ORDER

1. Learned advocate Mr. Mayur Dhamelia appears and submits that he has instructions to appear on behalf of the respondent no.2 – original complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11198001251234 of 2025 registered with the Nilambaug Police Station, District Bhavnagar, for the offences punishable under Sections 140(3), 115(2), 351(2), 351(3), 54 of the Bharatiya Nyaya Sanhita, 2023 and under Section 135 of G.P. Act, as well as all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the complainant and all the victims, who are personally present before this Court, have produced their respective affidavits. The same are ordered to be taken on record. In the said affidavit, the complainant and all the victims have categorically stated that with the intervention of the friends, family members and community people, the dispute has been amicably resolved with the applicants 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 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 Mr. Mayur Dhamelia waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. Learned advocate for the applicants-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR may be quashed and set-aside.

7. The complainant and the victims who are personally present in the Court, have categorically stated before this Court that they have no objection if the application is allowed and the FIR is quashed and set-aside. Thus, it appears from the aforesaid that sending the applicants-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 filed by the complainant – Yashbhai Hiteshbhai Upadhyay, read thus :

“3. I state that due to persuasion of the trusted people in both the families, friends and society, I have amicably settled the matter with the applicants. I state that now since the dispute between us no longer survives, I have no objection if the impugned FIR in question is quashed and set aside.

4. I say and submit that the dispute in question is private in nature. I state that the dispute is amicably settled between the applicants and myself and therefore it would be just and proper that the First Information Report being FIR No. 11198001251234 dated 24/12/2025 registered with Nilambag Police station, Bhavnagar for offences punishable under sections 140(3), 115(2), 351(2), 351(3) and 54 of the BNS and under section 135 of G.P.

Act be quashed and set aside in the interest of justice.

5. I say and submit that in view of the settlement ente