Gujarat High Court
Ashishbhai Vinodbhai Jayswal vs State Of Gujarat on 11 February, 2026
NEUTRAL CITATION
R/CR.MA/27151/2025 ORDER DATED: 11/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
27151 of 2025
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ASHISHBHAI VINODBHAI JAYSWAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR YASH JOSHI, LD.ADVOCATE FOR MR DARSHAN P DAVE(5928) for
the Applicant(s) No. 1
MR MANAN MAHETA, LD.ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 11/02/2026
ORAL ORDER
1. Learned advocate Mr.Mudra Motivaras appears and submits that he has instructions to appear on behalf of the respondent no.2 - original complainant. 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-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- 11207025220191 of 2022 registered with the Godhra "A" Division Police Station, Panchmahals, for the offences punishable under Sections 3, 4(3), 5(C) and 5(d) of the Gujarat Land Grabbing Act as well as the proceedings of Sessions Case No.27 of 2022 pending before the learned Special Judge (Land Grabbing) Sessions Judge, Panchmahals at Godhara, so also all other consequential proceedings arising pursuant thereto.
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3. Heard learned advocate Mr.Yash Joshi appearing for the applicant and learned Additional Public Prosecutor Mr.Manan Maheta appearing for the respondent No.1.
4. Today, when the matter is called out, the complainant, who remained personally present before this Court, has produced his identity proof as well as affidavit, which are ordered to be taken on record. In the affidavit, the complainant has categorically stated that the dispute has been amicably resolved and now there is no ill-will or any grievance amongst them.
5. Considering the issue involved in the present application as well as considering the fact that the dispute has been amicably resolved between the complainant and the applicant, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for final disposal.
6. RULE returnable forthwith. Learned APP Mr.Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 - State. Learned advocate Mr.Mudra Motivaras waives service of notice of rule for and on behalf of the respondent No.2 - complainant.
7. The complainant, who is present before this Court, has categorically stated that he has no objection if the application is allowed and the impugned FIR as well as the proceedings of the Sessions Case, so also all other consequential proceedings pursuant thereto are quashed and set-aside. Thus, it appears from the aforesaid that sending the applicant-
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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 complainant, read thus :
"1. That I am the original complainant of a complaint filed before Dahod Godhra "A" Division Police Station Dist- Panchmahals being C.R.No.11207025220191/2022 for the offence punishable U/s. 3, 4(3), 5(c),5 (d) of the Gujarat Land Garbing Act.
2. That due to the intervention of the respectable persons of the town, now there is a the compromise between the Applicant and myself the complainant. I say that in view of the compromise I received possession of property therefore I don't have any grievance against the present Applicant original accused.
3. I therefore say and submit that the complaint filed by me against the present Applicant - original accused may be quashed and I have no objection for the same for quashing the complaint against the Applicant this Application which is at Annexure-A."
9. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Page 3 of 4 Uploaded by DIPTI PATEL(HC00191) on Fri Feb 13 2026 Downloaded on : Fri Mar 13 21:28:25 IST 2026 NEUTRAL CITATION R/CR.MA/27151/2025 ORDER DATED: 11/02/2026 undefined Sharma Vs. State & Ors., reported in 2009 (1) GLH 190, Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) and State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that continuing further with the criminal proceedings in relation to the impugned FIR as well as Sessions Case would be an unnecessary harassment to the applicant-accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR and the Sessions Case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and the proceedings of the Sessions Case as well as all other consequential proceedings arising pursuant thereto are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
10. In the result, the application is allowed. First Information Report being C.R.No.I- 11207025220191 of 2022 registered with the Godhra "A" Division Police Station, Panchmahals, for the offences punishable under Sections 3, 4(3), 5(C) and 5(d) of the Gujarat Land Grabbing Act as well as the proceedings of Sessions Case No.27 of 2022 pending before the learned Special Judge (Land Grabbing) Sessions Judge, Panchmahals at Godhara, so also all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside.
11. Rule made absolute. Direct service is permitted.
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