Gujarat High Court
Prashant Motilal Vora vs State Of Gujarat on 11 February, 2026
NEUTRAL CITATION
R/CR.MA/3500/2026 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. 3500
of 2026
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PRASHANT MOTILAL VORA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR RASHMIN MAKWANA(3758) for the Applicant(s) No. 1,2,3,4,5
MR MANAN MAHETA, APP 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. Johnsey Macwan appears and submits that he has instructions to appear on behalf of the respondent no.2 - complainant. Registry shall accept his vakalatnama.
2. By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused have prayed to quash and set-aside the First Information Report No.11211055250627 of 2025 registered with the Wadhwan Police Station, District - Surendranagar, for the offences punishable under Sections 316(2) and 54 of the Bharatiya Nyaya Sanhita, 2023; the charge-sheet as well as the proceedings of the Criminal Case Page 1 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Fri Feb 13 2026 Downloaded on : Fri Mar 13 21:31:34 IST 2026 NEUTRAL CITATION R/CR.MA/3500/2026 ORDER DATED: 11/02/2026 undefined No.18 of 2006 pending before the learned Judicial Magistrate, First Class, Wadhwan, so also all other consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced her 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 her and the applicants-accused has been amicably resolved and there is no ill-will or any grievance amongst them. She further stated that she has received the amount of Rs.5,04,500/- as her share in the joint account.
4. 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.
5. RULE returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the Page 2 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Fri Feb 13 2026 Downloaded on : Fri Mar 13 21:31:34 IST 2026 NEUTRAL CITATION R/CR.MA/3500/2026 ORDER DATED: 11/02/2026 undefined respondent no.1 - State and learned advocate Mr. Johnsey Macwan waives service of notice of rule for and on behalf of the respondent no.2 - complainant.
6. The complainant, who is personally present before this Court, has categorically stated that the dispute has been amicably resolved between the parties and she has no objection if the application is allowed and the impugned FIR as well as the criminal case are quashed and set-aside.
7. The relevant paragraphs of the affidavit filed by the complainant - Hasuba Harising Modbhai Gadhavi, read thus :
"2. The said complaint was filed in connection with a fraud committed by the accusedno.1 with the help and assistance of the bank employees (the present petitioners) in issuing the cheque book without the joint signature of the complainant and for permitting withdrawal of the amount of Rs.10,09,000/- by the accused no.1.
3. My share of the amount in the joint account was Rs.5,04,500/=. The present petitioners original accused Nos. 2 to 6 have paid an amount of Rs.5,50,000/- (including the cost of expenses of Rs. 45,500/- by way of demand draft No. 113012 dated 29-1-2026 to me. I have filed an undertaking to the effect that the amount of Rs. 5,50,000/- has been received by me.
4. After the filing of the complaint and charge sheet, the case has been amicably settled between the petitioners and me, so far as the amount due to me. Hence, I do not want to proceed further with the FIR at Annexure-A, charge sheet and the criminal case No. 18/2026 pending in the Court of Ld. Judicial Magistrate, First Class, Wadhwan and all other consequential proceedings arising out of the same.
5. I am filing this affidavit with my own consciousness and not under any duress or coercion."Page 3 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Fri Feb 13 2026 Downloaded on : Fri Mar 13 21:31:34 IST 2026
NEUTRAL CITATION R/CR.MA/3500/2026 ORDER DATED: 11/02/2026 undefined
8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned FIR as well as the criminal would be a futile exercise and the same would amount to abuse of process of law.
9. 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 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 as well as the proceedings of the criminal case 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 as well as the Page 4 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Fri Feb 13 2026 Downloaded on : Fri Mar 13 21:31:34 IST 2026 NEUTRAL CITATION R/CR.MA/3500/2026 ORDER DATED: 11/02/2026 undefined proceedings of the criminal 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 Sanhita, 2023.
10. In the result, the application is allowed. The proceedings of the First Information Report No.11211055250627 of 2020 registered with the Wadhwan Police Station, District - Surendranagar, for the offences punishable under Sections 316(2) and 54 of the Bharatiya Nyaya Sanhita, 2023; the charge-sheet as well as the proceedings of the Criminal Case No.18 of 2006 pending before the learned Judicial Magistrate, First Class, Wadhwan, 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.
(VIMAL K. VYAS, J) DEEPAK GEHLOT Page 5 of 5 Uploaded by DEEPAK GEHLOT(HC02361) on Fri Feb 13 2026 Downloaded on : Fri Mar 13 21:31:34 IST 2026