Gujarat High Court
Jayeshbhai Karshanbhai Bharvad vs State Of Gujarat on 4 May, 2026
NEUTRAL CITATION
R/CR.MA/7677/2026 ORDER DATED: 04/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 7677
of 2026
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JAYESHBHAI KARSHANBHAI BHARVAD & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS. RESHMA G RAUMA (10143) for the Applicant(s) No. 1,2,3
MS KRINA CALLA, LD. ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
MS VAIBHAVI D RAVAL(8466) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 04/05/2026
ORAL ORDER
1. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report being C.R.No.I-11204068240176 of 2024 registered with the Vadtal Police Station, Kheda, for the offences punishable under Sections 354B, 323, 504, 506(2), 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act and the charge-sheet, as well as all other consequential proceedings arising pursuant thereto.
2. Today, when the matter is called out, the complainant and the witness, who are virtually present before this Court, have produced their identity proofs through their lawyer, which are ordered to be taken on record. The complainant has filed an affidavit, which is annexed as Annexure "C" to Page 1 of 6 Uploaded by DIPTI PATEL(HC00191) on Wed May 06 2026 Downloaded on : Wed May 06 21:44:15 IST 2026 NEUTRAL CITATION R/CR.MA/7677/2026 ORDER DATED: 04/05/2026 undefined the application. The witness has submitted an affidavit today through her lawyer. In the affidavits, the complainant and the witness have categorically stated that the dispute between them, has been amicably resolved and there is no ill-will or any grievance amongst them.
3. 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.
4. RULE returnable forthwith. Learned APP Ms.Krina Calla waives service of notice of rule for and on behalf of the respondent No.1 - State and learned advocate Ms.Vaibhavi Raval waives service of notice of rule for and on behalf of the respondent No.2 - complainant.
5. Learned advocate for the applicants-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR as well as the charge-sheet may be quashed and set-aside.
6. The complainant and the witness, who are virtually present in the Court, have categorically stated that they Page 2 of 6 Uploaded by DIPTI PATEL(HC00191) on Wed May 06 2026 Downloaded on : Wed May 06 21:44:15 IST 2026 NEUTRAL CITATION R/CR.MA/7677/2026 ORDER DATED: 04/05/2026 undefined have no objection if the application is allowed and the impugned FIR as well as the charge-sheet are quashed and set-aside. Thus, it appears from the aforesaid that sending the applicants-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law.
7. The relevant paragraphs of the affidavit of the complainant, read thus :
"I, Bhavyaben D/o Narendrasinh Bhagwansinh Mahida, Age: 27 Years, Gender: Female, Residing at:
50, Shri Hari Kutir Society, Vadtal, Taluka: Nadiad, District: Kheda, do hereby and state on oath and solemn affirmation as under:
(1) I am the respondent no.2-original complainant in the memo of application and I am fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit.
(2) I say and submit that present dispute arise between me and accused persons is private in nature and I fully satisfied with the applicants and I have no objection if the complaint registered before Vadtal Police Station, Kheda being FIR No.11204068240176 of 2024 dated 30.05.2024 and incident occurred on 28.05.2024 for the offence punishable under Sections 354B, 323, 504, 506(2), 114 of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 135 of the Gujarat Police Act and proceedings thereof will be quashed.Page 3 of 6 Uploaded by DIPTI PATEL(HC00191) on Wed May 06 2026 Downloaded on : Wed May 06 21:44:15 IST 2026
NEUTRAL CITATION R/CR.MA/7677/2026 ORDER DATED: 04/05/2026 undefined (3) I say and submit that I undersigned and the accused person entered into written compromise and compromised have been fulfilled. Looking to the above development between me- complainant and applicant, I have no any grudge and animosity against present applicant and matter amicably settled, therefore, I have no objection if the complaint registered before Vadtal Police Station, Kheda being FIR No.11204068240176 of 2024 dated 30.05.2024 and incident occurred on 28.05.2024 for the offence punishable under Sections 354B, 323, 504, 506(2), 114 of the Bharatiya Nyaya Sanhita (BNS), 2023 read with Section 135 of the Gujarat Police Act will quashed and set aside."
8. The relevant paragraphs of the affidavit of the witness, namely, Priyankaben Rajpur, read thus :
"I. Rajput Priyankaben, Age: 39 Years, Gender: Female, Residing at: 23, Svarup Villa, Sanpa Road, Varun Bakery, Godhra, do hereby and state on oath and solemn affirmation as under:
(1) I am the witness in the aforesaid complaint filed by the complainant in the memo of application and I am fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit.
(2) I say and submit that present dispute arise between complainant and accused persons is private in nature and I fully satisfied with the applicants and I have no objection if the complaint registered before Vadtal Police FIR Station, Kheda being No.11204068240176 of 2024 dated 30.05.2024 and incident occurred on 28.05.2024 for the offence punishable under Sections 354B, 323, 504, 506(2), 114 of the Indian Penal Code read with Section 135 of the Gujarat Police Act and proceedings Page 4 of 6 Uploaded by DIPTI PATEL(HC00191) on Wed May 06 2026 Downloaded on : Wed May 06 21:44:15 IST 2026 NEUTRAL CITATION R/CR.MA/7677/2026 ORDER DATED: 04/05/2026 undefined thereof will be quashed.
(3) I say and submit that I undersigned and the accused person entered into written compromise and compromised have been fulfilled. Looking to the above development between me- complainant and applicant, I have no any grudge and animosity against present applicant and matter amicably settled, therefore, I have no objection if the complaint registered before Vadtal Police Station, Kheda being FIR No.11204068240176 of 2024 dated 30.05.2024 and incident occurred on 28.05.2024 for the offence punishable under Sections 354B, 323, 504, 506(2), 114 of the Indian Penal Code read with Section 135 of the Gujarat Police Act will quashed and set aside."
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 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 the charge-sheet against the applicants-accused would be an Page 5 of 6 Uploaded by DIPTI PATEL(HC00191) on Wed May 06 2026 Downloaded on : Wed May 06 21:44:15 IST 2026 NEUTRAL CITATION R/CR.MA/7677/2026 ORDER DATED: 04/05/2026 undefined unnecessary harassment to the applicants-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 charge-sheet would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR as well as the charge-sheet, so also all other consequential proceedings are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
10. In the result, the application is allowed. The proceedings of the First Information Report being C.R.No.I- 11204068240176 of 2024 registered with the Vadtal Police Station, Kheda, for the offences punishable under Sections 354B, 323, 504, 506(2), 114 of the Indian Penal Code and under Section 135 of the Gujarat Police Act and the charge- sheet, as well as all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) DIPTI PATEL Page 6 of 6 Uploaded by DIPTI PATEL(HC00191) on Wed May 06 2026 Downloaded on : Wed May 06 21:44:15 IST 2026