IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE VIMAL K. VYAS
SURESHBHAI KALUBHAI GODHANIV/sSTATE OF GUJARAT
R/CR.MA/3950/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 3950 of 2026 ==========================================================
SURESHBHAI KALUBHAI GODHANI & ANR.
Versus STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR KISHAN M RATHOD(10765) for the Applicant(s) No. 1,2 MR MANAN MAHETA, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================
CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 16/02/2026
ORAL ORDER
1. Amendment is allowed in terms of the draft. The same shall be carried out forthwith.
2. Learned advocate Mr.Divyaraj Barad submits that he has instructions to appear on behalf of the respondent no.2 – complainant. Registry shall accept his vakalatnama.
3. 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 being C.R.No.I-11210064251187 of 2025 registered with the Godadara Police Station, Surat, for the offences punishable under Sections 51, 63(B) and 64 of the Copyright Act, 1957, and the charge-sheet, as well as all other consequential proceedings arising pursuant thereto.
4. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof, which is ordered to be taken on record. He has also filed an affidavit, which is annexed as Annexure “B” to the application. In the affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute between him and the applicants-accused has been amicably resolved and there is no ill-will or any grievance amongst them.
5. 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.
6. RULE returnable forthwith. Learned APP Mr.Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr.Divyaraj Barad waives service of notice of rule for and on behalf of the respondent no.2 – complainant.
7. 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 as well as the charge-sheet may be quashed and set-aside.
8. The complainant, who is personally present in the Court, has categorically stated that he has no objection if the application is allowed and the impugned FIR as well as the charge-sheet are 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.
9. The relevant paragraphs of the affidavit of the complainant, read thus :
“1. I say and submit that I am the original Complainant in connection with the F.I.R registered before GODADARA Police station bearing FIR No.11210064251187/2025 for the offence alleged under section 51, 63(b), 64 of Copyright act against the petitioners and accordingly petitioners were arrested. I am aware about the facts and the circumstances of the present case and therefore, I am filing the present affidavit as under and submit that, the present F.I.R was registered by me for the said offence, the dispute between me and the present petitioners came to be amicably settled and resolved. 2. Further now there are no ill-will or grievance amongst us. Thus, compromise/settlement has taken between us it is further submitted that now all the misunderstandings are resolved and settlement has been arrived between us
3. It is humbly submitted that the petitioners h
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