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2026 Supreme(Guj) 855

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO, J.
Jitu @ Jitu Dubai Dilumal Krishnani & Anr. - Appellant
Versus
State Of Gujarat & Anr. - Respondent
Criminal Misc.Application (For Quashing & Set Aside Fir/Order) No. 9458 of 2026
Decided On : 29-04-2026

Advocates:
Advocate Appeared:
For the Appellant : Mr Kishan R Chakwawala(9846), Mr RM Chakwawala(1519)
For the Respondent: Mr Ruturaj Nanavati(5624), Ms.C.M.Shah, APP

ORDER :

S.V. PINTO, J.

1. Rule returnable forthwith. Learned APP Mr.Aditya Jadeja and learned advocate Mr.Ruturaj Nanavati waive service of notice of rule for the respective respondents.

2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the FIR being C.R.No.I - 99 of 2019 registered with Sardarnagar Police Station for the offences under Sections 307, 395, 397, 384 etc. of Indian Penal Code, u/s 135(1) of the G.P.Act and all the consequential proceedings arising therefrom.

4. Heard learned advocate Mr.Kishan R. Chakwawala for the applicants, learned APP Mr. Aditya Jadeja for the respondent no.1 – State and learned advocate Mr. Ruturaj Nanavati for the respondent no.2 – original complainant.

5. Learned advocate Mr.Kishan R. Chakwawala for the applicants submits that the dispute between the parties has been amicably settled between the parties and the respondent no.2 – original complainant does not wish to prosecute the matter further. The compromise has been entered into voluntarily, without any coercion, undue influence or pressure and, therefore, the respondent no.2 has no objection if the impugned FIR as well as all the other consequential proceedings arising pursuant thereto are quashed against the applicants – accused.

6. Learned advocate Mr. Ruturaj Nanavati for the respondent no.2 – original complainant submits that on 23.04.2026, the respondent no.2 – original complainant was present before this Court and had produced his affidavit stating that the dispute between the parties is amicably settled and he has no objection if the impugned FIR is quashed The affidavit filed by the respondent no. 2 is taken on record. Learned advocate further submits that the victim – injured is present in person before this Court and has produced his affidavit, which is taken on record. Learned advocate submits that considering the fact that the dispute between the parties is amicably settled, the parties have no objection if the impugned FIR is be quashed.

7. Learned APP Mr. Aditya Jadeja for the respondent no.1 – State submits that the contents of the FIR are just and proper; however, considering the fact that the dispute between the parties is amicably settled, necessary order may be passed.

8. The affidavit filed by the respondent no. 2 – original complainant reads as under:

I, NARESHKUMAR RAMGOPAL SHARMA, Aged: Adult, Male, Hindu, Occupation: Business, Residing at: Bunglow No.1, 2 Shailraj Bunglows, Ramdevnagar, Satelite, Ahmedabad, is First informant in F.I.R. being CR. No.1-99 of registered with the Sardarnagar Police Station, Ahmedabad City for the offences punishable under Sections- 307, 395, 397, 384, 201 and 120-B of Indian Penal Code, 1860 read with Section 135(1) of G.P.Act. I further say and submit that I further state on oath and solemnly affirm that;

1. I say and submit that the undersigned being injured witness and applicants herein have entered into settlement on account of passage of time as well as on intervention of persons belonging to the respective communities and well-wishers. I further say and submit that both parties have mutually understood to settle the dispute amicably in the long interest of both the parties.

2. The I further states that the undersigned has no grudge against the present applicants and further submits that as such now have no objection if the present F.I.R. as well as Sessions Case No. 132/2023 is pending before the Ld. City Sessions Court, Ahmedabad, are hereby quashed against present applicants herein. I further say that because of intervene of the friends, respected member of community and family members of both sides; the dispute is settled between the parties amicably.

3. I further say and submit that aforesaid affidavit is sworn by me without any undue influence, threat or any kind of coercion from the side of applicants herein. What is stated in this affidavit is true, correct and best to my knowledge.

9. The affid

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