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

7870 of 2026 ==========================================================

GELABHAI POLABHAI KHAMBHALA Versus SATATE OF GUJARAT & ANR.

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Appearance:

MR. P. F. LAKUM(14079) for the Applicant(s) No. 1 MS. KRINA CALLA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 07/04/2026

ORAL ORDER

1. Learned advocate Mr. Jimit Shah appears and submits that he has instructions to appear on behalf of the respondent No. 2- complainant. He is permitted to file his appearance.

Registry shall accept his vakalatnama.

2. By way of filing this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant- accused has prayed to quash and set aside the FIR being C.R. No. 11189007260142 of 2026 registered with the Wankaner City Police Station, District- Morbi, for the offences punishable under Sections 324(2), 352 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, as well as all other consequential proceedings arising pursuant thereto qua the applicant.

3. Today, when the matter is called out, the complainant is personally present before this Court and has produced the identity proof, which is ordered to be taken on record. The affidavit filed by the complainant is annexed at Annexure- B to the application. In the said affidavit, the complainant has categorically stated that the dispute with the applicant has been 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 between the parties has been amicably resolved, with the consent of learned advocates 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. Learned advocate Mr. Jimit Shah waives service of notice of rule for and on behalf of the respondent No.2- complainant.

6. The complainant, who is personally present before the Court, has categorically stated that the dispute has been amicably resolved with the applicant and he has no objection if the FIR is quashed. Thus, sending the applicant-accused to face the trial would be a futile exercise.

7. The relevant paragraphs of the affidavit filed by the complainant read thus:

“1. That I am the first informant and at my instance the FIR came to be registered with Wankaner City Police Station Dist: Morbi bearing FIR No. 11189007260142 of 2026 for the offences punishable under sections 324 (2), 352, 351 (3) of Bharatiya Nyaya Sanhita- 2023, and therefore I am aware about the facts of the case and hence, I am competent to file this affidavit.

2. At the outset, I submit that I am filing this affidavit in support of the petition. I say and submit that after the settled the dispute registration of the aforesaid FIR, I have with the present petitioner with the intervention of the leaders, elders and front-runners of our locality and therefore, I have decided to proceed with the present FIR/Complaint qua the present petitioner.

3. I further say that the dispute of this offence is of private nature and at is not therefore, public large affected by the offence, however present applicant compensated the complainant for the loss caused therefore, I voluntarily give my consent and without any force or coercion on me for the quashing of the said FIR/Complaint.

4. I say and submit that as I have already settled the dispute amicably with the help of other members of our locality, I do not wish to proceed with the FIR therefore, the impugned FIR qua the present petitioner may kindly be quashed on the ground of settlement arrived at between me and the petitioner.

5. I say and submit that the FIR was filed by I me therefore, am filing