IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 8870 of 2021 ==========================================================

JAYKUMAR VINUBHAI VINODBHAI TOGADIYA Versus STATE OF GUJARAT & ANR.

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Appearance:

MR BM MANGUKIYA(437) for the Applicant(s) No. 1 MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1 MR YASH V GUPTA(11814) for the Respondent(s) No. 2 MS SONAL S TIWARI(10622) for the Respondent(s) No. 2 MS. ASMITA PATEL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 10/02/2026

ORAL ORDER

1. By way of filing this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant- accused has prayed to quash and set aside the FIR being C.R. No.11214020210384 of 2021 registered with the Kamrej Police Station, Surat, for the offences punishable under Sections 420, 120(B), 465, 467, 468 and 471 of the Indian Penal Code, as well as all other consequential proceedings arising pursuant thereto qua the applicant herein.

2. Today, when the matter is called out, the complainant is virtually present before this Court. She has produced her 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 her and the present applicant has been resolved and there is no ill-will or any grievance amongst them.

3. 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.

4. Rule returnable forthwith. Learned APP Ms. Asmita Patel waives service of notice of the rule for and on behalf of the respondent No.1 State. Learned advocate Mr. Yash Gupta waives service of notice of rule on behalf of the respondent No.2 - complainant.

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

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

“ I Amitaben Ureshbhai Thakurbhai Patel, Female, Hindu, Adult, Indian inhabitant residing at 1008, Cinekala, Village – Ana, Taluka- Palsana, District – Surat, the respondent no.2 herein, do hereby state on solemn affirmation on oath as under:-

1. I say that I have lodged the First Information Report with Kamrej Police Station for the offences punishable under Sections 420, 465, 467, 468 and 471 and120B of the Indian Penal Code, 1860, which is recorded as C.R.No.1- 11214020210384 of 2021.

2. I say that the, dispute between the petitioner and the respondent no.2 is amicably settled and settlement deed has been executed by the respondent no.2 and accordingly in view of the terms of the said settlement deed, there is no grudge or grievance between the petitioner and the respondent no.2. The respondent no.2 has sworn an affidavit. The respondent no.2 has stated in the said affidavit that the dispute has now amicably settled with the petitioner and there are no further disputes remaining and he has no grudge or grievance against the present petitioner. In fact, further prosecution against the present petitioner would be nothing but futile exercise. Therefore, the respondent no.2 has no objection if the FIR being C.R.No.I- 11214020210384 of 2021 lodged with Kamrej Police Station qua the present petitioner, is quashed.”

7. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab