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2026 Supreme(Guj) 612

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO, J.
Hathisinh Agarsinh Barad @ Hako Rajdhani And Anr. – Appellants 
Versus
State Of Gujarat And Anr. – Respondents 
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.22575 of 2025
Decided On : 06-05-2026

Advocates Appeared:
For the Appellant : Dinesh M Desai
For the Respondent: Mr Aditya Jadeja, App

ORDER :

S.V. PINTO, J.

1. Rule returnable forthwith. Learned APP Mr.Aditya Jadeja and learned advocate Mr.Ankit Dixit 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 No.11191015211324 registered with Nikol Police Station, Ahmedabad City for the offences under Sections 306, 384, 387 and 114 etc. of Indian Penal Code, u/s. 5, 33(3) and 42 etc. of the Money Lenders Act and all the consequential proceedings arising therefrom.

4. Heard learned advocate Mr.Dinesh M. Desai for the applicants, learned APP Mr. Aditya Jadeja for the respondent no.1 – State and learned advocate Mr. Ankit Dixit for the respondent no.2 – original complainant.

5. Learned advocate Mr.Dinesh M. Desai for the applicant and learned advocate Mr. Ankit Dixit for the respondent no.2 – original complainant jointly submit that the impugned FIR qua the co-accused have been quashed and set aside by this Court vide order dated 01.04.2026 passed in Special Criminal Application (Quashing) No. 13880 of 2023, order dated 27.04.2026 passed in Special Criminal Application (Quashing) Nos. 12896 of 2023 and 9652 of 2023. Learned advocates further submit 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 arrived due to intervention of trusted pending people of the society and well-wishers of the both the sides 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. Ankit Dixit for the respondent no.2 – original complainant submits that the respondent no.2 – original complainant is present before this Court and produced her affidavit stating that the dispute between the parties is amicably settled and she has no objection if the impugned FIR and consequential proceedings are quashed The affidavit filed by the respondent no.2 – original complainant is taken on record.

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:

1. I, Kamaliya Sarojben Bhupendrabhai Age: 41 years, Female, Hindu, Occupation: Household, Residing at: B-45, Gitapark, Narayannagar, Part 1, Khodiyarnagar, Ahmedabad herein the respondent no.2 do hereby solemnly affirm and state on oath as under:

2. That I have read the contents of the application and documents appended with the application. I am well conversant with the facts of the case and being the respondent no.2 herein (original complainant), I am fully competent to file this affidavit in reply for settlement.

3. I say and submit that whatever contents, averments made in the petition by the petitioner is hereby not admitted. However merits of the petition are not of much importance because a compromise/settlement has been arrived between us i.e. petitioners and respondent no.2.

4. It is necessary to states that the petitioners and myself were acquaintances. However due to suicide committed by my husband, the FIR was registered by me in the heat of the moment. The elder members of our community sat together and made me understand the thing which happened in the heat of the moment.

5. I hereby also declare that this affidavit as well as settlement has been without any pressure, threat, coercion and purely out of love/respect of our families.

6. I therefore, declare and solemnly affirm that I have no objection if the petition is allowed as prayed by the petitioners. I also have no objection if the FIR registered at CR.No.11191015211324/2

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