IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 358 of 2026 ==========================================================

KANUBHAI KARSHANBHAI LIMBANI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. HITENDRA D RAJPUT(7224) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 11/02/2026

ORAL ORDER

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

2. By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused has prayed to quash and set-aside the First Information Report being C.R. No.77 of 2015 registered with the Adajan Police Station, District - Surat, for the offences punishable under Sections 406, 420, 465, 467, 468, 471, 506(2) and 120(B) of the Indian Penal Code, 1860, as well as all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the complainant, who is virtually present before this Court, has produced his identity proof as well as the affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that the dispute between him and the applicant-accused has been amicably resolved and there is no ill-will or any grievance amongst them. He further stated that he has received the total disputed amount of Rs.23,00,000/-.

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. Bhargav Dangar waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. The complainant, who is virtually present before this Court, has categorically stated that the dispute has been amicably resolved between the parties and he has no objection if the application is allowed and the impugned FIR is quashed and set-aside.

7. The relevant paragraphs of the affidavit filed by the complainant – Rajabhai Ganeshbhai Kakadiya, read thus :

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2. That I am an original complainant of an FIR registered being C.R. No.77 of 2015 dated 03.06.2015 registered with Adajan Police Station, Surat for the offence punishable under Sections 406, 420, 465, 467, 468, 471, 506 (2) and 120 (B) of the Indian Penal Code in which petitioner is shown as an accused person.

3. It is submitted that the dispute which is the subject matter of the FIR is now settled between us and it is resolved and now there would be no any dispute between us and I have received total disputed amount Rs.23, 00,000 wherein Rs.10, 50,000/-by way of cash and rest of the amount Rs.12, 50,000/- by way of cheque as per below details as part of settlement.

4. I say and submit that I do not have any objection in case of this Hon'ble High Court be pleased to quashed and set aside the FIR registered being C.R. No. 77 of 2015 dated 03.06.2015 registered with Adajan Police Station, Surat for the offence punishable under Sections 406, 420, 465, ”

467, 468, 471, 506 (2) and 120 (B) of the Indian Penal Code.

8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR would be a futile exercise and the same would amount to abuse of process of law.

9. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into conside