IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING)

NO. 9245 of 2026 ==========================================================

DHAVALKUMAR SHRAVANBHAI KELA Versus STATE OF GUJARAT & ANR.

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Appearance:

CHETAN D KARIYA(8819) for the Applicant(s) No. 1 MR. ADITYA JADEJA, APP for the Respondent(s) No. 1 MR JITENDRA H NAVANI (13676) for the Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MS. JUSTICE S.V. PINTO Date : 04/05/2026

ORAL ORDER

1) RULE. Learned Additional Public Prosecutor Mr. Aditya Jadeja and learned advocate Mr. Jitendra H. Navani appear and waive service of notice of rule on behalf of their respective respondents.

2) By way of this application under Section 582 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ”the BNSS, 2023), the applicant has prayed for quashing and setting aside F.I.R. bearing C.R.No. 11195004250893 dated 13-11- 2025 registered with Deesa City South Police Station, Deesa @ Banaskantha Police Station, Deesa as well as Criminal Case No. 16 of 2026 pending before the learned Additional Chief Judicial Magistrate, Deesa @ Banaskantha

3) Heard learned advocate Mr. Chetan D. Kariya for the applicant, learned Additional Public Prosecutor Mr. Aditya Jadeja, for the respondent No. 1 – State and Mr. Jitendra H. Navani learned advocate for the respondent No.2 – original complainant.

4) Both the learned advocates have jointly submitted that during the pendency of present application, the matter is amicably settled amongst the parties and therefore, any further continuation of the proceedings pursuant to the impugned FIR would create hardship to the parties and further continuation of the proceedings would amount to abuse of process of law.

5) Learned Additional Public Prosecutor has opposed the application and submitted that looking to averments made in the FIR, complaint may not be quashed.

6) Learned advocate Mr. Jitendra H. Navani appearing for the complainant tenders the settlement affidavit, affirming, inter alia, by the respondent No. 2 – original complainant – Pareshbhai Kachchva S/o Shri Jagaji Kachchhava, the same is ordered to be taken on record. Rrespondent No. 2 – original complainant – Pareshbhai Kachchva S/o Shri Jagaji Kachchhava is present before this Court.

7) The affidavit of the respondent No. 2 - original complainant reads as under: -

1, Pareshbhai Kachhva So. Shri Jagaji Kachchhava, Aged 32, Occupation - Business - Contractor, Residing at Santoshi Goliya, Vasna (Juna - Deesa), P.O. - Vasna, District - Banaskantha, the Respondent No. 2 hereinabove, the Original Complainant, do solemnly affirm and declare as follows:-

1. That I have lodged a FIR against Shri Dhavalkumar Shravanbhai Kela (hereinafter referred to as the 'Accused'), being FIR No. 11195004250893 on 13th November, 2025 for the offences punishable under section 308(6) and 308(2) of The Bharatiya Sanhita, 2023 with Deesa City South Police Station, Deesa - Banaskantha. That, the said Dhavalkumar Shravanbhai Kela was arrested on 13t* November, 2025 and is in judicial custody, since then.

2. Consequential to the FIR dated 13.11.2025, the Investigating Officer has filed the Chargesheet against the Accused on 3rd January, 2026 and a Criminal Case No. 16 of 2026 was registered and is pending before the Principal Senior Civil Judge, Deesa, District – Banaskantha.

3. That, the family members after discussions with Shri Dhavalkumar Shravanbhai Kela (whilst in judicial custody) has approached me and my family members alongwith common family friends, whom we know each other from a considerable period of time and clarified misunderstandings including relating to business rivalries, the above referred FIR was filed by me against the Accused. On mutual discussions between me and the family members of Accused alongwith common family friends, the entire issue is now clarified and the entire di