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NEUTRAL CITATION

R/CR.MA/6901/2026 ORDER DATED: 27/03/2026

0.18713676160572357

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 6901 of 2026

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HARDIKSINH JITENDRASINH VAGHELA & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR CHETAN B RAVAL(2090) for the Applicant(s) No. 1,2,3 MR. MANAN MAHETA, APP for the Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

Date : 27/03/2026

ORAL ORDER

1. Learned advocate Mr. Mahesh Pujara 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 as and when

the same is filed.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11216010260110 of 2026 registered with the Pethapur Police Station, District Gandhinagar, for the offences punishable under Sections 115(2), 351(2), 352, 54 of the Bharatiya Nyaya Sanhita, 2023 as well as the proceedings

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NEUTRAL CITATION

R/CR.MA/6901/2026 ORDER DATED: 27/03/2026

0.18713676160572357

pending in the Court of the learned 4^th Judicial Magistrate First Class, Gandhinagar, so also all other consequential proceedings

arising pursuant thereto.

3. Today, when the matter is called out, the complainant is personally present before this Court. The complainant has also filed an affidavit, which is annexed to the application. In the said affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute with the present applicant 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 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. Mahesh Pujara waives service of notice of rule for and on behalf of the

respondent no.2 – complainant.

6. Learned advocate for the applicants-accused has submitted that since the dispute has been amicably resolved

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NEUTRAL CITATION

R/CR.MA/6901/2026 ORDER DATED: 27/03/2026

0.18713676160572357

between the parties, the application may be allowed and the impugned FIR as well as the proceedings thereto may be

quashed and set-aside.

7. The complainant, who is personally present in the Court, has categorically stated before this Court that she has no objection if the application is allowed and the impugned FIR as well as the criminal proceedings arising pursuant thereto, 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 filed by the complainant - Hetal W/o Bharatsinh Natwarsinh Vaghela, read

thus :

“I (Original Complainant) Hetal W/o Bharatsinh Natwarsinh Vaghela, aged about- 38, Ocu. House hold, Resi at- Kolwada, Gam-Ashapuri Society, Ta- Dis- Gandhinagar, filling this affidavit and the contending that in above matter, the complaint was registered before Pethapur Police Station, at Gandhi