2026 Supreme(Online)(Guj) 1845
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE VIMAL K. VYAS
PANKAJ HITENDRABHAI CHORVADAV/sSTATE OF GUJARAT
R/CR.MA/4731/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4731 of 2026 ==========================================================
PANKAJ HITENDRABHAI CHORVADA Versus STATE OF GUJARAT & ANR.
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Appearance:
MR KISHAN K NAYI(13080) for the Applicant(s) No. 1 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. Kaushik Barot 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 applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11208003260094 of 2026 registered with the Gandhigram 2 (University) Police Station, Rajkot City, for the offence punishable under Section 316(5) of the Bharatiya Nyaya Sanhita, 2023, as well as all other consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof as well as submitted the affidavit. The same are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute has been amicably resolved with the applicant 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. Kaushik Barot 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 may be quashed and set-aside.
7. The complainant, who is personally present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the FIR is 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 filed by the complainant – Mohammad Yasin Mohammad Sarif Rangwala, read thus :
“I am the Complainant the respondent No. 2 in the present petition. I have filed the Criminal Complaint against the petitioners with C. R. No 11208003260094/2026 registered with the Gandhigram 2 (University) Police Station, Rajkot City for the offences under Section 316 (5) of BNS.
I respectfully say and submit that I have received Rs. 4,50,000/- as full and final settlement amount so far as accused no. 1 i.e.
Pankaj Hitendrabhai Chorvada is concerned.
I respectfully say and submit that on account of mutual understanding, the dispute is amicably settled and resolved between me and the present petitioner. However, now we have sorted out differences mutually and I have no grievance against the present petitioner and therefore I have no objection if Criminal Complaint against the petitioners registered with AGC. R. No 11208003260094/2026 registered with the Gandhigram 2 (University) Police Station, Rajkot City for the offences under Section 316 (5) of BNS is quashed by this Hon'b