KALUBHAI GANGARAMBHAI PRAJAPATI vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/16249/2025 JUDGMENT DATED: 29/10/2026
(GJHC240852742025)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
16249 of 2025

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No
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KALUBHAI GANGARAMBHAI PRAJAPATI & ANR.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MUKUNDKUMAR A THAKKAR(9034) for the Applicant(s) No. 1,2
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 29/10/2026

JUDGMENT
1. Draft Amendment is allowed. The same to be carried out
forthwith.
2. By way of preferring the captioned petition, the
petitioners have prayed for the following prayers, as set out in
para 14 herein below:-
“(A) YOUR LORDSHIPS may be pleased to issue a writ of
mandamus or a writ in the nature of mandamus/certiorari or any
other appropriate writ, order or directions quashing and setting
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R/SCR.A/16249/2025 JUDGMENT DATED: 29/10/2026
(GJHC240852742025)
aside the F.I.R. being C.R. No. 1-38 of 2019 registered with
Bagodara Police Station, Dist. Ahmedabad Rural as well as the
charge-sheet filed therein being No. 1-09 of 2020 dated
31.01.2020(at ANNEXURE-A hereto) and all other consequential
proceedings arising out the aforesaid F.I.R., qua the present
Petitioners;
(AA) YOUR LORDSHIPS may be pleased to issue a writ of
mandamus or a writ in the nature of mandamus/certiorari or any
other appropriate writ, order or directions quashing and setting
aside the F.I.R. being C.R. No. 1-38 of 2019 registered with
Bagodara Police Station, Dist. Ahmedabad Rural as well as the
charge sheet filed therein being No. I-09 of 2020 dated
31.01.2020 (at ANNEXURE-A hereto) as well as Criminal Case
No. 40 of 2020 pending before Ld. Addl. Civil Judge and JMFC at
Bavla, District: Ahmedabad and all other consequential
proceedings arising out the aforesaid F.I.R. qua the present
Petitioners.
(B) During pendency and final disposal of the present
application, YOUR LORDSHIP may be pleased to stay the trial in
connection with the said F.I.R. being C.R. No. I-38 of 2019
registered with Bagodara Police Station, Dist. Ahmedabad Rural
as well as the charge sheet filed therein being No. 1-09 of 2020
dated 31.01.2020 (at ANNEXURE-A hereto) and all other
consequential proceedings arising out the aforesaid F.I.R., qua
the present Petitioners;;
c. To pass any other and further orders as may be deemed fit
and proper to this Hon’ble Court.”
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R/SCR.A/16249/2025 JUDGMENT DATED: 29/10/2026
(GJHC240852742025)
3. ISSUE RULE returnable forthwith. Learned APP accepts
and waives service of rule for the respondent-State.
Mr.Saurabh Y. Chande, learned advocate accepts and waives
service of Rule for the respondent no.2.
4. Learned advocate Mr.Saurabh Y. Chande undertakes to
file Vakalatnama on behalf of respondent no.2. Registry is
directed to accept the same.
5 Heard learned counsel for the parties.
6. Learned counsel appearing for the petitioner submitted
that the matter has been amicably settled between the parties
and the affidavit of the original complainant has already been
placed on record. In support of his submissions, he has relied
upon the judgment of Hon’ble Apex Court rendered in the
case of Gian Singh Vs. State of Punjab & Anr., (2012) 10 SCC
303; Madan Mohan Abbot Vs. State of Punjab, (2008) 4 SCC
582; Nikhil Merchant Vs. CBI & Anr., 2009 (1) GLH 31; Manoj
Sharma Vs. State & Ors., 2009 (1) GLH 190; Narinder Singh
& Ors. Vs. State of Punjab & Anr., (2014) 6 SCC 466; and
State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604.
7. Learned APP submitted that the serious allegations have
been levelled against the present petitioner, therefore, the
captioned petition is liable to be dismissed.
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R/SCR.A/16249/2025 JUDGMENT DATED: 29/10/2026
(GJHC240852742025)
8. Having heard the learned advocates appearing for the
respective parties and having gone through the record, it
emerges that the original complainant has filed an affidavit on
record, wherein in Paragraph Nos.2 & 3, she has deposed as
under:-
“2. I state that now the matter is amicably being settled with
the petitioner and the misunderstanding has been removed,
thus, now no grievances is left against the petitioner, and
therefore, now I have no objection if the F.I.R. being C.R. No. 1-
38 of 2019 registered OF with Bagodara Police Station, Dist.
Ahmedabad Rural as well as charge sheet filed therein being No.
1-09 of 2020 dated 31.01.2020, are quashed and set-aside, and
so in the interest of justice the F.I.R. and the charge sheet filed
therein may be quashed and set-aside, qua the present
petitioner.
3. I state that the present compromise is arrived without any
coercion, force or undue influence and I have no grievance
against the petitioner if the captioned Special Criminal
Application is allowed..”
9. The respondent no.2 is present before the Court and has
been identified by learned advocate for respondent No.2.
Upon being asked, she has stated before the Court that the
matter has been amicably settled between the parties and that
she has no objection, if the F.I.R. being I-C.R. No. 38 of 2019
registered with Bagodara Police Station, Ahmedabad Rural for
the offences punishable under Sections 465, 467, 468, 471
and 120(B) of the Indian Penal Code as well as all further
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R/SCR.A/16249/2025 JUDGMENT DATED: 29/10/2026
(GJHC240852742025)
proceedings arising therefrom are quashed and set aside.
10. Considering the aforementioned facts and circumstances
of the case and settlement affidavits and also taking into
consideration the decisions rendered in Gian Singh (supra),
Madan Mohan Abbot (supra), Nikhil Merchant (supra), Manoj
Sharma (Supra), Narinder Singh & Ors. (supra) and Bhajan
Lal (supra), this Court is of the opinion that continuation of
the criminal proceedings pursuant to the impugned FIR would
amount to abuse of the process of law and that no fruitful
purpose would be served by permitting the prosecution to
continue. Hence, in order to secure the ends of justice, the
impugned FIR and all consequential proceedings deserve to
be quashed and set aside.
11. In the result, the present application is allowed. The FIR
being I-C.R. No. 38 of 2019 registered with Bagodara Police
Station, Ahmedabad Rural as well as all consequential
proceedings arising therefrom, are hereby quashed and set
aside qua the present petitioners.
(MOOL CHAND TYAGI, J)
GIRISH
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