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NEUTRAL CITATION

R/CR.MA/5784/2026 ORDER DATED: 01/04/2026

0.4519762286511896

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 5784

of 2026 ==========================================================

SOHIL JAINULBHAI BHATUK & ANR.

Versus STATE OF GUJARAT & ANR.

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

Appearance:

MR. ALTAF Y CHARKHA(7271) for the Applicant(s) No. 1,2 MS KRINA CALLA, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s)

No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 01/04/2026

ORAL ORDER

1. Learned advocate Mr.J.Y.Shaikh appears and submits that he has instructions to appear on behalf of the respondent no.2 – original complainant. He is permitted to

file his appearance. Registry shall accept his 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.11207001250039 of 2025 registered with the Godhara Mahila Police Station, Panchmahal, for the offences punishable under Sections 85, 115(2), 352 and 54 of the Bharatiya Nyaya Sanhita; the charge sheet as well as the proceedings of the Criminal Case No.11798 of 2025 pending before the JMFC Court, Panchmahal qua the present applicants, so also all other consequential

proceedings arising pursuant thereto.

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NEUTRAL CITATION

R/CR.MA/5784/2026 ORDER DATED: 01/04/2026

0.4519762286511896

3. Today, when the matter is called out, the original complainant, who is present before this Court, has produced her identity proof, which is ordered to be taken on record. She has also filed an affidavit, which is annexed as Annexure “C” to the application. In the affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute between her and the applicants- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, she does not want to proceed further with the criminal proceedings pursuant to the impugned FIR and the Criminal 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 Ms.Krina Calla waives service of notice of rule for and on behalf of the respondent No.1 – State and learned advocate Mr.J.Y.Shaikh waives service of notice of rule for and on

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NEUTRAL CITATION

R/CR.MA/5784/2026 ORDER DATED: 01/04/2026

0.4519762286511896

behalf of the respondent no.2 – complainant.

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 criminal case may be quashed and set-

aside.

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