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2026 Supreme(Online)(Guj) 8761

R/CR.MA/4801/2026 2 5 / M0 o2 d/ i2 f0 i2 c6 a ti in o n R o/fC R O. rM dA e/ r4 8 d0 t1 d/ .2 0 2 6 ORDER DATED: 17/03/20260.9511560472601974


IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4801 of 2026


[On note for speaking to minutes of order dated 25/02/2026 in R/CR.MA/4801/2026 ]


BHARATBHAI SAKABHAI RABARI & ORS.

Versus

STATE OF GUJARAT & ANR.


Appearance:

MR KAMLESH KACHHAVAH(3013) for the Applicant(s) No. 1

MR SAMIR B BUNDELA(2722) for the Applicant(s) No. 1,2,3,4,5,6

MR. MANAN MAHETA, APP for the Respondent(s) No. 1


CORAM: HONOURABLE MR. JUSTICE VIMAL K. VYAS


Date : 17/03/2026


(VIMAL K. VYAS, J)


AMAR SINGH

ORAL ORDER

1. By way of this Note for Speaking to Minutes dated 06.03.2026, learned advocate Mr. Kamlesh Kachhavah appearing for the applicants has drawn attention of this Court to a typographical error occurred in the order dated 25.02.2026 passed in Criminal Misc. Application No.4801 of 2026, whereby Section 109 of the Bharatiya Nyaya Sanhita, 2023, has been left out to be incorporated in the order. He has, therefore, requested to incorporate Section 109 of the Bharatiya Nyaya Sanhita, 2023, in the said order.

2. Having gone through the order dated 25.02.2026 passed by this Court and having gone through the Note, it appears that through inadvertence, Section 109 of the Bharatiya Nyaya Sanhita, 2023, has been left out to be incorporated in the said order. The request seems to be germane, and therefore, the same is hereby acceded to.

3. The registry is directed to carry out the necessary corrections in the aforesaid order accordingly and issue a fresh writ of the order.

4. With the above, the Note stands disposed of.

(VIMAL K. VYAS, J)

prk R/CR.MA/4801/2026 P r e sO er nd et R r / O C rd R dt . de M r. A / i1 4 7s 8 / 0 m0 1 o3 / /d 2 2i 0 f0 2 i2 6 e6 d i vn i d e ORDER DATED: 25/02/2026

0.9511560472601974

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4801 of 2026

BHARATBHAI SAKABHAI RABARI & ORS.

Versus

STATE OF GUJARAT & ANR.

Appearance:

MR KAMLESH KACHHAVAH(3013) for the Applicant(s) No. 1

MR SAMIR B BUNDELA(2722) for the Applicant(s) No. 1,2,3,4,5,6

MS. ASMITA PATEL, APP for the Respondent(s) No. 1

CORAM: HONOURABLE MR. JUSTICE VIMAL K. VYAS

Date : 25/02/2026

ORAL ORDER

1. Learned advocate Mr. Dipen Chaudhary 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-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11191008250832 of 2025 registered with the Chandkheda Police Station, Ahmedabad City, for the offences punishable under Sections 309(4), 189(2), 191(1), 191(2), 191(3), 118(1), 117(2), 351(3), 324(4), 281 of the Bharatiya Nyaya Sanhita, 2023 and under Section 135(1) of G.P. Act, as well as all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the complainant and all the victims, who are personally present before this Court, have produced their identity proof as well as submitted their respective affidavits. The same are ordered to be taken on record. In the said affidavit, the complainant and all the victims have categorically stated that with the intervention of the friends, family members and community people, the dispute has been amicably resolved with the applicants and there is no ill-will or any grievance amongst them.

4. Initially the application was filed on merits, however, during the pendency of the application, the parties have arrived at an amicable settlement. 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. Asmita Patel waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Dipen Chaudhary 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 between the parties, the application may be allowed and the impugned FIR may be quashed and set-aside.

7. The complainant and the victims who ar

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