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NEUTRAL CITATION

R/CR.MA/11284/2026 ORDER DATED: 08/05/2026

0.7225696770905584

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.

11284 of 2026

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PRASHANTBHAI VASANTBHAI SHAH

Versus

STATE OF GUJARAT & ANR.

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Appearance:

MR HITESH L GUPTA(3937) for the Applicant(s) No. 1

MR NAYAN L GUPTA(11798) for the Applicant(s) No. 1

MR TIRTHRAJ PANDYA, LD. ADDITIONAL PUBLIC PROSECUTOR for the

Respondent(s) No. 1

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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

Date : 08/05/2026

ORAL ORDER

1. Learned advocate Mr.Neel S. Jograna 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 applicant- original accused seeks to invoke the

inherent powers of this Court, praying to quash and set-

aside the First Information Report being C.R. No.I- 52 of

2015 registered with Mahila Police Station, Ahmedabad for

the offences punishable under Sections 376, 406, 420,

498(A), 494 & 114 of the Indian Penal Code; the charge

sheet as well as the proceedings of the Sessions Case

No.397 of 2017 pending before the learned Additional

Sessions Judge, City Civil and Sessions Court, Ahmedabad,

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NEUTRAL CITATION

R/CR.MA/11284/2026 ORDER DATED: 08/05/2026

0.7225696770905584

so also all other consequential proceedings arising pursuant

thereto.

3. Today, when the matter is called out, the original

complainant, who is personally present before this Court,

has produced her identity proof, which is ordered to be

taken on record. She has also filed an affidavit, which is

annexed as Annexure “D” to the application. In the affidavit,

the complainant has categorically stated that with the

intervention of the friends, family members and community

people, the dispute between her and the applicant- accused

has been amicably resolved and there is no ill-will or any

grievance amongst them. Therefore, she does not want to

proceed further with the criminal proceedings pursuant to

the impugned FIR, the charge-sheet and the Sessions Case

against the present applicant.

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.Tirthraj

Pandya waives service of notice of rule for and on behalf of

the respondent no.1 – State and learned advocate Mr.Neel S.

Jograna waives service of notice of rule for and on behalf of

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NEUTRAL CITATION

R/CR.MA/11284/2026 ORDER DATED: 08/05/2026

0.7225696770905584

the respondent no.2 – complainant.

6. Learned advocate for the applicant-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 Sessions Case may be quashed and set-

aside.

7. The original complainant, who is present in the Court,

has categorically stated before this Court that she has no

objection if the application is allowed and the impugned

FIR; the charge-sheet as well as the proceedings of the

Sessions Case are quashed and set-aside. Thus, it appears

from the aforesaid that sending the applicant-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 origi