JERAMBHAI NATHUBHAI GAMI vs STATE OF GUJARAT

R/SCR.A/16032/2026 JUDGMENT DATED: 06/11/2026
(GJHC240855752026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
16032 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No
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JERAMBHAI NATHUBHAI GAMI & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. NIPUL H GONDALIA(6894) for the Applicant(s) No. 1,2,3
MS JYOTI BHATT, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 06/11/2026

JUDGMENT
1. The petitioners has preferred the instant petition under Article 226
of the Constitution of India read with Section 528 of BNSS, 2023, with
the principal prayer to quash and set aside the FIR being Cr.
No.11203030260805 of 2026 registered with Keshod Police Station,
Junagadh for the offences punishable under Sections 420, 406, 420,
409, and 114 of IPC, as the case may be, as well as all consequential
proceedings arising therefrom qua the present petitioners herein.
2. Issue rule returnable forthwith. Learned APP accepts and waives
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R/SCR.A/16032/2026 JUDGMENT DATED: 06/11/2026
(GJHC240855752026)
service of rule on behalf of respondent No.1 – State. Mr. Rhythm Patel,
learned advocate accepts and waives service of rule on behalf of
respondent no.2. The original complainant/respondent no.2 – Mr.
Kiritbhai Gopalbhai Savaliya is present before this Court and he has
been duly identified by his learned advocate. On being asked he stated
that the dispute has been settled amicably between the parties as such
the FIR and consequential proceedings may be quashed and set aside.
3. Heard learned counsels for the parties.
4. Learned counsel for the petitioners as well as respondent no.2
jointly submitted that the matter has been amicably settled, therefore,
no purpose would be served to continue the prosecution. They further
submitted that the affidavit of the original complainant has already been
filed on record, therefore, they prayed that the FIR may be quashed.
5. Learned APP submitted that considering the seriousness of the
matter, the captioned petition deserves to be rejected.
6. Having considered the submissions of the learned counsels for
the parties and having gone through the record, the matter has been
amicably settled. Further, the original complainant has filed the
affidavit on record. The original complainant in his affidavit has deposed
as under:-
“I, Kiritbhai Gopalbhai Savaliya filed Aforesaid Mentioned FIR in
Petition as Cr. Reg. No. 11203030260805/2026 with Keshod Police Station
at Junagadh District for the offences are Punishable U/s. 420, 406, 420,
409, 114, of IPC and inter alia alleging that the present petitioners have
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R/SCR.A/16032/2026 JUDGMENT DATED: 06/11/2026
(GJHC240855752026)
committed the alleged offence.
That the petitioners respectfully states and submits that looking to fact
and circumstances of the case, dispute with regards to Commercial
transection between Petitioners and complainant and hence fir and since
the Petitioners and Complainant having good relationship and after filed
almost after 10 years and after intervene the elder members of the family
and therefore dispute resolved between complainant and applicants
therefore, the proceeding arising from aforesaid FIR there deserves to be
quashed against the present applicants on the ground of compromised
between parties in the interest of the Justice, We are belongs to same
communities and with the consent of elder members in the family
settlement affidavit also affirmed dated 26/10/2026, and therefore looking
to the famil relationship now dispute resolved between complainant and
applicants Family Members, therefore I have no objection If proceeding
arising from aforesaid FIR is quashed and set aside against the present
applicants on the ground of compromised between parties therefore being
complainant and behalf of other family members who have also already
filed an affidavit humbly urge to this Hon'ble court to terminate all
proceeding arising of the fir and same may be quashed and set aside by
this court in the Interest of the Justice, moreover I have also filed
settlement affidavit in vernacular language in the main petition memo at
annexure "B" in favor of the applicants dated 26/10/2026, therefore the I
humbly urge to this Hon'ble court to terminate all proceeding arising of the
fir and same may be quashed and set aside by this court in the Interest of
the Justice.
What is stated herein above is true to best of my knowledge, information
belief and I believe the same to be true and I have also understood
aforesaid affidavit in Gujarati language by an advocate.”
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R/SCR.A/16032/2026 JUDGMENT DATED: 06/11/2026
(GJHC240855752026)
7. Thus, considering the fact that the matter has been amicably
settled and taking into consideration the decisions rendered in 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 , 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.
8. In the result, the present application is allowed. The FIR being CR
No.11203030260805/2026 registered with Keshod Police Station, Dist.
Junagadh, as well as all consequential proceedings arising therefrom,
are hereby quashed and set aside qua the present petitioners.
9. Registry is directed to accept the vakalatnama of Mr. Rhythm
Patel, learned advocate for original complainant.
10. Rule is made absolute, accordingly. Direct service is permitted.
(MOOL CHAND TYAGI, J)
Harshit
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