IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 9681 of 2023 FOR APPROVAL AND SIGNATURE:

HONOURABLE MRS. JUSTICE M. K. THAKKER ==========================================================

Approved for Reporting Yes No 

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BHAVINCHANDRA SURYAKANT PUROHIT Versus STATE OF GUJARAT & ORS.

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Appearance:

MR. BHAVIN S PUROHIT(6973) for the Applicant(s) No. 1 PARTY IN PERSON(5000) for the Applicant(s) No. 1 MR ANKIT SHAH(6371) for the Respondent(s) No. 2,3 MR. RONAK RAWAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 09/03/2026

JUDGMENT

1. The present application has been filed seeking the following reliefs:-

“A) Be pleased to admit and allow this application;

B) Be pleased to quash and set aside the FIR registered with the Gotri Police of Vadodara in Crime Register No. 11196004230076 of 2023 on dated 31/01/2023 for the offence punishable under the section 406 and 420 of the Indian Penal Code.

C) Pending admission, hearing and final disposal of this petition, be pleased to stay further criminal proceedings for all complaints falls under the FIR 11196004230076 of 2023, like CC/10397/2023, CRMA/1192/2023 and any other present and future criminal proceedings brought before any court of Law with reference to the above FIR be stayed in the interest of justice.

D) Be pleased to pass an Order to the Nazir of Vadodara District and Sessions Court to release Petitioners Passport No. J-6415271 Expiry 09/09/2023 taken in custody on 13/2/2023.

E) Be pleased to Order the arrest as an unlawful arrest and set aside the Atak Memo (Arrest Memo).

F) Be pleased to Order to grant a compensation of Rupees Five Crore to be paid by Gujarat State Government to the Accused for unlawful torture, chasing accused since September 2022 without registering FIR and unlawful detention and later arrest thereby compromising personal liberty and fundamental rights of the accused, a citizen of India.

G) Be pleased to Order an investigation against the Complainants under the Land Grabbing Act and issue Orders to hand over the possession of flat 102/C, Shantam Flats, Gadapura, Gotri, Vadodara to its rightful owner the accused, Mr Bhavinchandra Purohit of 29, Kuvareshwar Society, Harni Road, Vadodara

390022.

H) Be pleased to Order the DGP Gujarat and Commissioner of Police to investigate the failures of police and set an example that no such incident ever happens to any innocent. citizens or resident of India.

I) Be pleased to pass such other and further relief/s that may be deemed fit and proper; in the facts and circumstances of the case;”

2. Heard the party-in-person, namely Mr. Bhavin Purohit, and the learned advocate Mr. Ankit Shah appearing on behalf of the respondent.

3. Mr. Bhavin Purohit, party-in-person, submitted that the impugned FIR pertains to a dispute of purely civil nature. It is contended that on account of non-execution of the sale deed, allegations under Sections 406 and 420 of the Indian Penal Code have been levelled. It is further submitted that a bare reading of the allegations made in the FIR does not disclose the commission of any offence under the provisions of the Indian Penal Code. In the aforesaid circumstances, it is submitted that the FIR is nothing but an abuse of the process of law and, therefore, the impugned FIR deserves to be quashed and set aside.

4. Per contra, learned advocate Mr. Ankit Shah appearing for the respondent submitted that after accepting the amount, a Banakhat was executed. It is contended that though the complainant was ready and willing to pay the remaining amount of the sale consideration, the applicant refused to execute the sale deed. Therefore, it is submitted that the FIR requires proper investigation and the applicant must face the charges levelled against him. In this b