IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4801 of 2026 ==========================================================

BHARATBHAI SAKABHAI RABARI & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR KAMLESH KACHHAVAH(3013) for the Applicant(s) No. 1 MR SAMIR B BUNDELA(2722) for the Applicant(s) No. 1,2,3,4,5,6 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. Dipen Chaudhary 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. 11191008250832 of 2025 registered with the Chandkheda Police Station, Ahmedabad City, for the offences punishable under Sections 309(4), 189(2), 191(1), 191(2), 191(3), 118(1), 117(2), 351(3), 324(4), 281 of the Bharatiya Nyaya Sanhita, 2023 and under Section 135(1) 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 identity proof as well as submitted 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. Initially the application was filed on merits, however, during the pendency of the application, the parties have arrived at an amicable settlement. 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. Dipen Chaudhary 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 – Chetanbhai S/o Dashrathbhai Vaghela, read thus :

“1. I say and submit that I have lodged the FIR bearing CR.No.11191008250832 of 2025 registered with Chankheda Police Station, Di: Ahmedabad City under sections 309(4), 189(2), 191(1), 191 (3), 118(1), 117(2), 351(3), 324(4), 281 of BNS Act and section 135 of GP Act against the applicants.

2. I say and submit that I and the applicants are known to each other and friends and therefore, due to intervention of the family members of the both the side settlement has as well as friends, amicable us been arrived between and therefore, if the impugned FIR may be quashed and set aside by this Ho