IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 3372 of 2026 ==========================================================

RAKESH FAKIRCHAND SARAWAGI & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. ADITYA A GUPTA(7875) for the Applicant(s) No. 1,2,3,4 MS. KRINA CALLA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 13/02/2026

ORAL ORDER

1. Learned advocate Mr. K.K. Desai appears and submits that he has instructions to appear on behalf of the respondent No. 2 -complainant. Registry shall accept his vakalatnama.

2. Learned advocate Mr. Desai has submitted that at the time of filing the present application, a xerox copy of the affidavit filed by the complainant was annexed at Annexure- C to the application, but now he tenders the original affidavit signed by the complainant dated 13.01.2026 as well as another detailed affidavit dated 31.01.2026. The same are ordered to be taken on the record.

3. By way of filing this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants- accused have prayed to quash and set aside the FIR being C.R. No.11210067240638 of 2024 registered with the Saroli Police Station, District- Surat, for the offences punishable under Sections 420 and 114 of the Indian Penal Code, as well as all other consequential proceedings arising pursuant thereto qua the applicants herein.

4. Today, when the matter is called out, the complainant is virtually present before this Court and has produced his identity proof as well as the affidavits, which are ordered to be taken on record. In the said affidavits, the complainant has categorically stated that the dispute between him and the applicants has been 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 between the parties has been amicably resolved, with the consent of learned advocates for the respective parties, the present application is taken up for final disposal.

6. Rule returnable forthwith. Learned APP Ms. Krina Calla waives service of notice of the rule for and on behalf of the respondent No.1- State. Learned advocate Mr. K.K. Desai waives service of notice of rule for and on behalf of the respondent No.2 -complainant.

7. The complainant, who is virtually present in the Court, has admitted the contents of the affidavits and stated before this Court that since the dispute between him and the applicants has been resolved, he has no objection if the application is allowed and the impugned FIR is quashed. Thus, sending the applicants-accused to face the trial would be a futile exercise.

8. The relevant paragraphs of the affidavit filed by the complainant read thus :

“I, Aditya Vishnubhai Harlalka, Age about 25 years, Having address at: Shop no.435, Shyam Sangini Textile Market, Saroli, Surat City, also having address at: House no.10A 1 D.K. Park Society, Bhatar, Surat City, the respondent no.2 original complainant, do hereby solemnly affirm and state on oath as under:-

1. I am the respondent no.2 original complainant in the memo of petition and I am fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit.

2. I say that I have gone through the memo of petition and the facts stated in the memo of petition are not disputed by me. At the outset, I say and submit that the disputes and grievances of both the sides have been amicably settled and I do not wish to prosecute the petitioners any further with respect to FIR no. 11210067240638/2025 registered with Saroli Police Station, Surat City for the offence punishable Sections 420 and 114 of the Indian Penal Code, 1860, and all subsequent proceedings arising therefrom.

4. I state that the Petitioner-accused and com