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2026 Supreme(Online)(Guj) 9506

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE ILESH J. VORA
PRATIK @ROHIT DAYABHAI CHOVATIYAV/sSTATE OF GUJARAT
R/CR.MA/6519/2026



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NEUTRAL CITATION

R/CR.MA/6519/2026 ORDER DATED: 08/04/2026

0.4108189936732195

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE

FIR/ORDER) NO. 6519 of 2026 ==========================================================

PRATIK @ROHIT DAYABHAI CHOVATIYA & ANR.

Versus STATE OF GUJARAT & ANR.

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

Appearance:

M S PADALIYA(7406) for the Applicant(s) No. 1,2 MR CHINTAN AADESHARA for respondent no. 2 MR LB DABHI APP for the Respondent No. 1

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

CORAM:HONOURABLE MR. JUSTICE ILESH J. VORA Date : 08/04/2026

ORAL ORDER

1. Learned Advocate Mr. Chinten M. Adeshra, states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama. The Registry is directed to accept the vakalatnama. . Heard learned advocates for the respective

parties.

2. RULE. Learned advocates waive service of note of rule on behalf of the respective respondents.

3. Considering the facts and circumstances of the case and since it is jointly stated at the Bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is

taken up for final disposal forthwith.

4. By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, (hereinafter referred to as “BNSS”), the applicant has

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NEUTRAL CITATION

R/CR.MA/6519/2026 ORDER DATED: 08/04/2026

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prayed to quash and set aside the complaint being FIR No.11208057240045 of 2024 registered with Cyber Crime Police Station, Rajkot City, for the offences under Sections 66(c) of the Information Technology Act, and all the consequential proceedings arising therefrom. 5. Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit at Annexure – B which is placed on record. In the Affidavit, the original complainant has categorically stated that the dispute with the petitioner has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them. The complainant has also stated that there were no obscene or objectionable photographs were floated on social media by the present petitioner. The complainant appeared through

virtual mode and admitted the factum of settlement.

6. Having heard learned advocates on both the sides and considering the facts and circumstances of the case as also the principle laid down by the Apex Court in the cases of (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), considering the facts that the complaint was registered for the offence under Section 66(c) of the Information Technology Act wherein

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NEUTRAL CITATION

R/CR.MA/6519/2026 ORDER DATED: 08/04/2026

0.4108189936732195

it is alleged that the accused created one fake ID in Instagram being “shyambhut_2677” without the consent of the complainant and viral the photographs of complainant and his wife and committed the offence, hence, the complaint was filed. Now the complainant has filed affidavit stating that settlement took place and no any objectionable material or photographs are flouted on social media, even the dispute is private in

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