IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 6154 of 2026 ==========================================================

RAKESHKUMAR @ RAJU S/O. MATHURJI JAGATSINH THAKOR & ANR.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. URVESH M PRAJAPATI (8878) for the Applicant(s) No. 1,2 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 20/03/2026

ORAL ORDER

1. Learned advocate Mr. Viren Patel 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 applicants- accused have prayed to quash and set aside the FIR being C.R. No.11206044250744 of 2025 registered with the Mahesana City ‘A’ Division Police Station, District- Mahesana for the offences punishable under Sections 64(2)(m), 140(3), 137(2), 75(2), 79, 115(2), 352, 351(3), 324(2), 308(2) and 54 of the Bharatiya Nyaya Sanhita, 2023, the charge-sheet and the proceedings of the Sessions Case No.108 of 2025 pending before the learned 2^nd Additional District Judge, District Court, Mahesana, so also all other consequential proceedings arising pursuant thereto qua the present applicants.

3. Today, when the matter is called out, the complainant is present before this Court. She has produced her identity proof as well as the additional affidavit with the allied documents, which are ordered to be taken on record. The complainant has admitted the contents of the additional affidavit and stated the she has received the entire amount of her dues of Rs.3,80,000/-. The affidavit filed by the complainant is annexed at Annexure- C to the application. In the said affidavit, the complainant has categorically stated that the dispute with the applicants 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 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. Viren Patel waives service of notice of rule for and on behalf of the respondent No.2- complainant.

6. The complainant, who is personally present in the Court, has categorically stated that the dispute has been amicably resolved with the applicants and she has no objection if the FIR as well as the proceedings of the Sessions case are quashed and set aside. Thus, sending the applicants-accused to face the trial would be a futile exercise.

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

“I, Hetalben W/o. Dineshbhai Shankarbhai Nayi, Gender: Female, Aged: 38 Years, Occupation: Beauty Parlor, Residing at: A/41, Chamundanagar Society, Nr. Police Head Quarters, Mahesana. Original Resident of: Aankvi, Taluka: Siddhpur, Patan.. do hereby solemnly affirm and state on oath as under:-

1. I am the respondent no.2-orig. 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 additional affidavit.

2. I say that as alleged in the FIR about receiving and duping an amount of Rs. 3,80,000/- by the accused no.1, the aforesaid entire amount of Rs. 3,80,000/-is already been repaid by the accused no.1 namely Rakeshkumar @ Raju M. Thakor on 18.03.2026 and in turn I have provided him a payment receipt in his favor, the same receipt is annexed herewith and marked as "ANNEXURE-I" to the present affidavit.”

8. Hav