IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 3662 of 2026 ==========================================================

CHIRAGKUMAR NARANBHAI DESAI & ORS.

Versus STATE OF GUJARAT & ANR.

==========================================================

Appearance:

KARAN Y VYAS(8539) for the Applicant(s) No. 1,2,3 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 12/02/2026

ORAL ORDER

1. Learned advocate Mr. Neel B. Dave 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 applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11216024240013 of 2024 registered with the Kalol City Police Station, District Gandhinagar, for the offences punishable under Sections 384, 387, 504, 506(2), 507 and 114 of the Indian Penal Code, as well as the proceedings of the Criminal Case No.1119 of 2025 pending in the Court of the learned Additional Civil Judge, Kalol, so also 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 as 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 Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Neel Dave 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 as well as the proceedings of the criminal case 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 as well as 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 – Rupaji Hiraji Prajapati, read thus :

“ 1. I am the respondent no.2 and first informant at whose instance the FIR with Kalol City Police Station, Gandhinagar vide FIR being C.R. No. 11216024240013 of 2024 punishable u/s. 384, 387, 504, 506 (2), 507, 114 of Indian Penal Code came to be lodged on 09/01/2024. After investigation came to be concluded charge-sheet came to be filed and ultimately this FIR culminated into Criminal Case No. 1119 of 2025. I have been read over the memo of petition and I am filing this affidavit in support of the same.

2, That we have already entered into compromise and we have decided to live as good known persons to each other. With Harmony and peace in the Society and between all Communities petitioner had applied for consent quashing application, I have given my consent by way of Affidavit that I have no objection if this application is allowed and