IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4739 of 2026 ==========================================================

MANUBHAI BABUBHAI PATEL & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR ADITYA T PANCHOLI(13067) for the Applicant(s) No. 1 RAFIK LOKHANDWALA(5590) for the Applicant(s) No. 1,2,3,4 MR MANAN MAHETA, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 18/03/2026

ORAL ORDER

1. Learned advocate Mr.Anirudh Suchak 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- original accused seek to invoke the inherent powers of this Court, praying to quash and set- aside the First Information Report being C.R.No.11210001240730 of 2024 registered with the Hajira Police Station, Surat city, for the offences punishable under Sections 4(3), 5(c) of the Gujarat Land Grabbing (Prohibition) Act; the charge sheet as well as the proceedings of the GLGP- (Gujarat Land Grabbing Prohibition Special Case) No.2 of 2025 pending before the learned Additional District & Sessions Judge, Surat, so also all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the authorized Officer of the complainant company has remained present before this Court and produced his identity proof as well as the affidavit, which are ordered to be taken on record. In the affidavit, the authorised officer of the complainant company has categorically stated that the dispute between the complainant company and the applicants- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, the company does not want to proceed further with the proceedings pursuant to the impugned FIR and the GLGP- (Gujarat Land Grabbing Prohibition Special Case) against the present applicants.

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.Anirudh Suchak 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, the charge-sheet as well as the proceedings of the GLGP- (Gujarat Land Grabbing Prohibition Special Case) may be quashed and set-aside.

7. The authorized Officer of the complainant company, who is present in the Court, has categorically stated before this Court that the company has no objection if the application is allowed and the impugned FIR; the charge- sheet as well as the proceedings of the GLGP- (Gujarat Land Grabbing Prohibition Special Case) 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 of the authorized Officer of the original complainant, read thus :

“1. That, being FIR No. 111210001240730 of 2024 dated 25.12.2024 under sections 4(3), 5(c) of the Gujarat Land Grabbing (Prohibition) Act registered with Hajira Police Station, Dist. Surat, came to be lodged by one VIKASKUMAR AMITBHAI PATEL