IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 2093 of 2026 ==========================================================

TUSHARBHAI @ VIKRAM BHARATBHAI KAMANI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR VICKY B MEHTA(5422) for the Applicant(s) No. 1 MS. KRINA P. CALLA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 24/02/2026

ORAL ORDER

1. Learned advocate Ms. Yaksha N. Pathar 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-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11208044250850 of 2025 registered with the Pradhyumannagar Police Station, Rajkot City, for the offences punishable under Sections 309(6), 140(2), 127(2), 115(2), 204, 3(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 is personally present before this Court. He has also filed an affidavit, which is annexed at Annexure ‘F’ to the application. 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. Krina Calla waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Ms. Yaksha N. Pathar 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 – Samirbhai Rashmikant Pandya, read thus : “1. I say that I have registered an FIR C.R. No. 11208044250850 of 2022 registered with the Pradhyumannagar Police Station, Rajkot City on 08.10.2025 for the offences under Sections 309(6), 140(2), 127(2), 115(2), 204, 3(5) of the Bharatiya Nyaya Sanhita, 2023 against the applicant and others. Thus, being the complainant, I am competent to file the present affidavit.

2. After the lodgement of the above FIR, on account of involvement of family members, socially dominated persons, relative and friends, the entire issue is settled between me ie the complainant and the applicant. I say that on account of the said settlement which we have arrived mutually, I have no objection if the present FIR may be quashed and set aside.

3. I say that so far as the amount in question is concerned, I had filed an application u/s 497 of BNSS, 2023 for release of muddamai cash and the Ld. 7th JMFC, Rajkot by virtue of order dt. 11.11.2025 was pleased to allow the said application and direct that