Gujarat High Court
Shiyal Ranchhodbhai Devabhai vs State Of Gujarat on 2 February, 2026
NEUTRAL CITATION
R/CR.MA/21850/2025 ORDER DATED: 02/02/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 21850 of 2025
With
CRIMINAL MISC.APPLICATION (FOR AMENDMENT) NO. 1 of 2026
In R/CRIMINAL MISC.APPLICATION NO. 21850 of 2025
==========================================================
SHIYAL RANCHHODBHAI DEVABHAI
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. DIVYAM P DAVE(17338) for the Applicant(s) No. 1
MS. KRINA CALLA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 02/02/2026
ORAL ORDER
ORDER IN CRIMINAL MISC. APPLICATION NO.1 OF 2026
1. Learned advocate Mr.Divyam P. Dave appearing for the applicant seeks permission to withdraw the Criminal Misc. Application No.1 of 2026.
2. Permission as prayed for is granted. The Criminal Misc. Application No.1 of 2026 is disposed of as withdrawn.
ORDER IN CRIMINAL MISC. APPLICATION NO.21850 of 2025
1. Leave to amend is granted. The same shall be carried out forthwith.
2. Learned advocate Mr.Remal Kumar B. Soni appears and Page 1 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Tue Feb 03 2026 Downloaded on : Mon Feb 09 20:32:07 IST 2026 NEUTRAL CITATION R/CR.MA/21850/2025 ORDER DATED: 02/02/2026 undefined submits that he has instructions to appear on behalf of the respondent no.2 - complainant. Registry shall accept his vakalatnama.
3. 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 First Information Report No.11208037250526 of 2025 registered with the Kuvadva Road Police Station, District - Rajkot (City), for the offences punishable under Sections 305(a) and 331(4) of the Bharatiya Nyaya Sanhita, 2023, so also all other consequential proceedings arising pursuant thereto.
4. Today, when the matter is called out, the complainant, who is virtually present before this Court, has produced his identity proof as well as the affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that the dispute between him and the applicant-accused has been amicably resolved and 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 Page 2 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Tue Feb 03 2026 Downloaded on : Mon Feb 09 20:32:07 IST 2026 NEUTRAL CITATION R/CR.MA/21850/2025 ORDER DATED: 02/02/2026 undefined 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.
6. 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 Mr.Remal Kumar B. Soni waives service of notice of rule for and on behalf of the respondent no.2 - complainant.
7. The complainant, who is virtually present before this Court, has categorically stated that the dispute has been amicably resolved between the parties and he has no objection if the application is allowed and the impugned FIR is quashed and set-aside.
8. The relevant paragraphs of the affidavit filed by the complainant - Ajani Hasmukhbhai Harjibhai, read thus :
" 2. I say and submit that the dispute leading to the registration of the FIR pertains to that unknown person broke open the shutter of the Mandali, committed theft of cash, and removed the CCTV DVR. I reiterate that the dispute between both the parties is amicably settled and that now I do not wish to further proceed with the aforesaid proceedings.
3. I say and submit that the continuation of criminal proceedings at this stage would seriously jeopardize the Applicant, and the alleged offence is not heinous, does not involve moral turpitude, and is purely personal in nature therefore, it's harm the Complainant's pursuits and professional careers that I have realized.Page 3 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Tue Feb 03 2026 Downloaded on : Mon Feb 09 20:32:07 IST 2026
NEUTRAL CITATION R/CR.MA/21850/2025 ORDER DATED: 02/02/2026 undefined
4. I submit that I have no objections, if, the present application is allowed, and the impugned proceedings against the present Applicant are quashed and set aside. I further say and submit that I hereby undertake to fully cooperate to have the proceedings arising out of the FIR terminated/quashed by making myself physically present before any competent court of law and/or any other authority, if need so.
5. I say and submit that a compromise has been arrived at as we have come to a mutual understanding with regards to the dispute in question upon an intervention of elders and I further clarify that the compromise is not a result of any force coercion or duress. I am fully aware about the facts mentioned in the memo of the application as well as the contents of my affidavit. Under these circumstances, I do not wish to continue the prosecution against the Applicant herein and thus, the present application may kindly be allowed."
9. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR would be a futile exercise and the same would amount to abuse of process of law.
10. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another, 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 & Another, reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others, reported in (2009) 1 GLH 190, and Narinder Singh & Others vs. State Page 4 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Tue Feb 03 2026 Downloaded on : Mon Feb 09 20:32:07 IST 2026 NEUTRAL CITATION R/CR.MA/21850/2025 ORDER DATED: 02/02/2026 undefined of Punjab & Another, 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 proceedings pursuant to the impugned FIR would be a futile exercise and the same would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and 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.
11. In the result, the application is allowed. The proceedings of the First Information Report No.11208037250526 of 2025 registered with the Kuvadva Road Police Station, District - Rajkot (City), for the offences punishable under Sections 305(a) and 331(4) of the Bharatiya Nyaya Sanhita, 2023, so also all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) DEEPAK GEHLOT Page 5 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Tue Feb 03 2026 Downloaded on : Mon Feb 09 20:32:07 IST 2026