##PAGE1##

NEUTRAL CITATION

R/CR.MA/6662/2026 ORDER DATED: 23/03/2026

0.707960608014035

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE

FIR/ORDER) NO. 6662 of 2026 ==========================================================

BALLU S/O. VISHNUBHAI PATEL & ANR.

Versus STATE OF GUJARAT & ANR.

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

Appearance:

MR. RAAJEN D JADHAV(10026) 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 : 23/03/2026

ORAL ORDER

1. Learned advocate Ms.Ankita Goswami 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 applicants- original accused seek to invoke the inherent powers of this Court, praying to quash and set- aside the First Information Report being C.R.No.11210055230536 of 2023 registered with the Salabatpura Police Station, Surat, for the offences punishable under Sections 379(A)(3), 379(A)(4) and 114 of the Indian Penal Code; the charge sheet as well as the proceedings of the Sessions Case No.621 of 2023 pending before the learned Principal District and Sessions Judge,

Page 1 of 6 Uploaded by DIPTI PATEL(HC00191) on Tue Mar 24 2026 Downloaded on : Mon Mar 30 04:32:52 IST 2026

NEUTRAL CITATION

R/CR.MA/6662/2026 ORDER DATED: 23/03/2026

0.707960608014035

Surat, so also all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the original complainant, who is personally present before this Court, has produced his identity proof as well as the affidavit, which are ordered to be taken on record. 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. Therefore, he does not want to proceed further with the criminal proceedings pursuant to the impugned FIR and the Sessions Case against the

present applicants.

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 Ms.Ankita Goswami waives service of notice of rule for and on behalf of

the respondent no.2 – complainant.

Page 2 of 6 Uploaded by DIPTI PATEL(HC00191) on Tue Mar 24 2026 Downloaded on : Mon Mar 30 04:32:52 IST 2026

NEUTRAL CITATION

R/CR.MA/6662/2026 ORDER DATED: 23/03/2026

0.707960608014035

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, the charge-sheet as well as the proceedings of the Sessions Case may be quashed and set-

aside.

7. The original complainant, who is present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the impugned FIR; the charge-sheet as well as the proceedings of the Sessions Case 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.

8. The relevant paragraphs of the affidavit of the original complainant, read thus :

“1. That I am the complainant of Criminal Complaint re