IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 6673 of 2026 ==========================================================

YOGESH BANSIDHAR PAREKH Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. DHRUVIN P BHUPTANI(8295) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 23/03/2026

ORAL ORDER

1. Learned advocate Mr. Parth Bhatt appears and submits that he has instructions to appear on behalf of the respondent No. 2- complainant. He is permitted to file his appearance.

Registry shall accept his vakalatnama.

2. By way of filing this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant- accused has prayed to quash and set aside the FIR being I- C.R. No.11210023251679 of 2025 registered with the Khatodara Police Station, District- Surat, for the offences punishable under Sections 316(5), 318(4), 61(2)(a) of the Bharatiya Nyaya Sanhita, 2023, as well as all other consequential proceedings arising pursuant thereto qua the present applicant.

3. Today, when the matter is called out, the complainant is personally present before the Court and has produced his identity proof, which is ordered to be taken on record. The affidavit filed by the complainant is annexed at Annexure- B to the application. In the said affidavit, the complainant has categorically stated that the dispute with the applicant has been 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 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.

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. Learned advocate Mr. Parth Bhatt waives service of notice of rule for and on behalf of the respondent No.2- complainant.

6. The complainant, who is personally present before the Court, has categorically stated that the dispute with the applicant has been amicably resolved and he has no objection if the FIR is quashed. Thus, sending the applicant-accused to face the trial would be a futile exercise.

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

“1. That I am the original complainant in F.I.R. being I-C. R. No. 11210023251679/2025registered before Khatodra Police Station, Surat, 316 (5), 318 (4), 61 (2) (A) of Bharatiya Nyaya Sanhita (BNS).

2. That petitioner has preferred captioned application before this Hon'ble Court praying for quashing and setting aside of the aforesaid impugned F.I.R, Charge Sheet and any further or other proceedings thereof.

3. That the impugned FIR came to be registered by me naming the present applicant in the spur of the moment without any proper knowledge and in misunderstanding. That event the said First Information Report is an outcome of some confusion but the same has now been amicably resolved with the intervention of the members of the society from the both the sides and there is nothing bitter in my mind against the present applicants and also, I have not suffered any financial losses or physical harm because of him. He was merely a broker acting in a bonafide manner.

4. That I am hale and hearty and nothing remains to be taken back from the petitioners.

5. That as the dispute is amicably settled, I have no personal animosity with the present applicant and have no other grudges against him.

6. That now nothing remains to be taken from the present petitioner and thus if FIR & other subsequent proceedings arising thereto against the present petitioner is quashed and set aside, I don't have objection against the present petitioner.”

8. Having h