##PAGE1##

NEUTRAL CITATION

R/CR.MA/7178/2026 ORDER DATED: 27/03/2026

0.6319581403009112

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 7178 of 2026

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

MAYURDHVAJSINH JAGDISHSINH VAGHELA Versus

STATE OF GUJARAT & ANR.

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

Appearance:

MR. KARAN Y VYAS(8539) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1

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

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

Date : 27/03/2026

ORAL ORDER

1. Learned advocate Mr. Parth V. Bhatt 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 applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11216011240520 of 2024 registered with the Info City Police Station, District Gandhinagar, for the offences punishable under Sections 115(2), 118(1), 352, 351(2), 324(4) of the Bharatiya Nyaya Sanhita, 2023 and under Section 135 of the

Page 1 of 5 Uploaded by AMAR SINGH(HC01081) on Mon Mar 30 2026 Downloaded on : Sun Apr 05 17:21:10 IST 2026

NEUTRAL CITATION

R/CR.MA/7178/2026 ORDER DATED: 27/03/2026

0.6319581403009112

G.P. Act, the chargesheet as well as the proceedings of the Criminal Case No. 41 of 2025 pending in the Court of the learned 2^nd 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 at Annexure ‘C’ 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. Parth V. Bhatt waives service of notice of rule for and on behalf of the

respondent no.2 – complainant.

6. Learned advocate for the applicant-accused has submitted

Page 2 of 5 Uploaded by AMAR SINGH(HC01081) on Mon Mar 30 2026 Downloaded on : Sun Apr 05 17:21:10 IST 2026

NEUTRAL CITATION

R/CR.MA/7178/2026 ORDER DATED: 27/03/2026

0.6319581403009112

that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR, the chargesheet and the proceedings of the Criminal Case may

be quashed and set-aside.

7. The complainant, who is personally present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the FIR, the chargesheet as well as the proceedings of the Criminal Case are quashed and set-aside. Thus, it appears from the aforesaid that sending the applicant-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 - Ankitbhai Nitinbhai Patel, read thus :

“3. That the impugned FIR came to be registered by me naming the present applicant in the spur of the moment without any proper knowledge and in misunderstanding. That even the said Fi