Gujarat High Court
Prahaladbhai Apaji Shankhla vs State Of Gujarat on 30 March, 2026
NEUTRAL CITATION
R/CR.MA/5876/2026 ORDER DATED: 30/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 5876 of 2026
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PRAHALADBHAI APAJI SHANKHLA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SATYAJIT S SONAGARA(12218) for the Applicant(s) No. 1
MR MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 30/03/2026
ORAL ORDER
1. Learned advocate Mr. V.D. Vaghela appears and submits that he has instructions to appear on behalf of the respondent no.2 - complainant. The Registry shall accept his vakalatnama.
2. By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused has prayed to quash and set aside the impugned FIR No. 163 of 2014 registered with the Kamrej Police Station, Surat, for the offences punishable under Page 1 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed Apr 01 2026 Downloaded on : Wed Apr 01 23:35:12 IST 2026 NEUTRAL CITATION R/CR.MA/5876/2026 ORDER DATED: 30/03/2026 undefined Sections 392, 328, 120B of the Indian Penal Code, as well as the proceedings of the Sessions Case No. 407 of 2014 pending before the learned Additional District and Sessions Judge, Surat, so also all other subsequent proceedings arising pursuant thereto.
3. Upon perusing the Injury Certificate, it prima facie appears that the complainant has not suffered any serious injury and no fracture on head was noticed. It also appears from the materials on record that the applicant has no criminal antecedents.
4. Today, when the matter is called out, the complainant is present before this Court and has produced his identity proof, which is ordered to be taken on record. In the affidavit filed by the complainant, he has categorically stated that the dispute between the parties is now resolved and there is no ill-will or any grievance amongst the parties.
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NEUTRAL CITATION R/CR.MA/5876/2026 ORDER DATED: 30/03/2026 undefined
5. Considering the issue involved in the present application as well as considering the fact that the dispute between the parties has been amicably resolved, with the consent of the learned advocates 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. V.D. Vaghela waives service of notice of rule for and on behalf of the respondent No.2 - Complainant.
7. The complainant, who is present before the Court, has stated that the matter has been amicably resolved and he has no objection if the FIR as well as the proceedings of the sessions case are quashed. Thus, sending the applicant-accused to face the trial would be a futile exercise.
8. The relevant paras of the affidavit filed by the Page 3 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed Apr 01 2026 Downloaded on : Wed Apr 01 23:35:12 IST 2026 NEUTRAL CITATION R/CR.MA/5876/2026 ORDER DATED: 30/03/2026 undefined complainant reads thus :
"2. I say and submit that dispute between deponent and the applicant i.e., Prahaladbhai Apaji Shankhla has been mutually resolved. It is submitted that the applicant and deponent has amicably settled the dispute and therefore, present affidavit is being sworn. It is submitted that, I do not intend to prosecute applicant herein further in connection with the aforesaid FIR and criminal case.
3. I say and submit that, the gold in dispute in the aforementioned impugned proceedings has been given back by the applicant to the Original Complainant.
4. I say and submit that in view of the settlement arrived at between the present deponent and applicant, it is submitted that I have no objection if the FIR being C.R. No. 163 of 2014 registered District Surat with Kamrej Police Station, alongwith Sessions Case numbered as Sessions Case No. 407 of 2014 pending before the learned Addl. District and Sessions Judge, Surat against the applicant i.e., Prahaladbhai Apaji Shankhla is quashed and set aside.
5. I say and submit that present affidavit is filed without any threat and coercion and whatever is stated hereinabove is true to the best of my knowledge and belief and I believe the same to be true. "
9. Having heard learned counsel appearing for the respective parties as well as considering the facts and circumstances arising out of the present application, so also taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Page 4 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed Apr 01 2026 Downloaded on : Wed Apr 01 23:35:12 IST 2026 NEUTRAL CITATION R/CR.MA/5876/2026 ORDER DATED: 30/03/2026 undefined 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 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as well as 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 and the sessions case against the applicant-accused 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 as well as the proceedings of the Sessions case, so also 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 Page 5 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed Apr 01 2026 Downloaded on : Wed Apr 01 23:35:12 IST 2026 NEUTRAL CITATION R/CR.MA/5876/2026 ORDER DATED: 30/03/2026 undefined Sanhita, 2023.
10. In the result, the application is allowed. The FIR No. FIR No. 163 of 2014 registered with the Kamrej Police Station, Surat, for the offences punishable under Sections 392, 328, 120B of the Indian Penal Code, as well as the proceedings of the Sessions Case No. 407 of 2014 pending before the learned Additional District and Sessions Judge, Surat, so also all other subsequent 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) PD Page 6 of 6 Uploaded by MS.PARUL DUTTA(HCD0073) on Wed Apr 01 2026 Downloaded on : Wed Apr 01 23:35:12 IST 2026