IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 4011 of 2026 ==========================================================

KISHANBHAI VALLABHBHAI PATEL @ LUNAGARIYA Versus STATE OF GUJARAT & ANR.

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Appearance:

MR A A ZABUAWALA(6823) for the Applicant(s) No. 1 MR MUHAMMAD QUASIM VORA(10344) for the Applicant(s) No. 1 MS. ASMITA PATEL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 17/02/2026

ORAL ORDER

1. Learned advocate Mr. Shivraj H. Shah appears and submits that he has instructions to appear on behalf of the respondent no.2 – original complainant. 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. 11197025251587 of 2025 registered with the Karjan Police Station, Vadodara Rural, for the offences punishable under Sections 115(2), 352, 351(3) and 296(b) of the Bharatiya Nyaya Sanhita, 2023, as well as the proceedings of the Criminal Case No.2094 of 2025 pending in the Court of the learned Additional Judicial Magistrate First Class, Karjan, Vadodara Rural, so also all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the complainant is present before this Court through virtual mode. He has also filed an affidavit, which is annexed at Annexure ‘C’ 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 between the parties has been amicably resolved 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. Shivraj H. Shah 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 as well as the proceeding of the criminal case may be quashed and set-aside.

7. The complainant, who is present in the Court through virtual mode, has categorically stated before this Court that he has no objection if the application is allowed and the FIR and the proceedings of the Criminal Case are 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 – Chunilal @ Sunil Navaram Chaudhari, read thus :

“2. I say and submit that; the dispute arose due to misconception and misunderstand; out of my own control and under influence of the other person I registered this FIR. However, after registration of the FIR; the society elders, friends and family members intervene and now the dispute is settled between me and the accused person; who is happened to be one of the Potential owner of the hotel in question and thus the dispute between me and the petitioner is settled, therefore there is no grievous pending against the accused person and being complainant I withdraw all allegation made by me in FIR and I don't want to continue with the complaint register by me at Karajan Police Station District Vadodara Rural.

3.