PRADEEP RATANLAL PAREEK (PRADEEP RATANLAL PAREKH) vs STATE OF GUJARAT

R/SCR.A/14920/2026 JUDGMENT DATED: 28/10/2026
(GJHC240780422026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
14920 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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PRADEEP RATANLAL PAREEK (PRADEEP RATANLAL PAREKH)
Versus
STATE OF GUJARAT
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Appearance:
MR NIRAV C SANGHAVI(5950) for the Applicant(s) No. 1
MR. DHAWAN JAISWAL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 28/10/2026

JUDGMENT
1. Draft amendment stands allowed. Let the amendment be carried
out forthwith.
2. The Petitioners have preferred the instant petition under Articles
14, 226 & 227 of the Constitution of India read with Section 482 of the
Code of Criminal Procedure, 1973, seeking the following reliefs:-
a) That the Hon'ble court may be pleased to admit this
petition.
b) That this Hon'ble court may be pleased to allow this
petition by quashing and setting aside the F.I.R
being CR. No. 11191025260600 of 2026 registered
before kagdapith Police Station, Dist. Ahmedabad
which is annexed as Annexure A and also be please
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R/SCR.A/14920/2026 JUDGMENT DATED: 28/10/2026
(GJHC240780422026)
to quash further proceedings arising out of the same
qua petitioner in the interest of justice;
c) Pending admission, hearing and till final disposal of
this petition, this Hon'ble court may please to grant
stay as to further proceedings of F.I.R being CR. No.
11191025260600 of 2026 before kagdapith Police
Station, Dist. Ahmedabad which annexed as
Annexure-A qua petitioner in the interest of justice;
d) Grant such other and further relief as deemed just
and proper by this Hon'ble court in the interest of
justice.
3. Issue Rule to the respondents, returnable forthwith. Learned APP,
Mr. Dhawan Jaiswal accepts and waives service of Rule on behalf of
respondent No.1 - State. Learned advocate, Mr. V D Ruparel accepts
and waives service of Rule on behalf of respondent No.2. He seeks time
to file his Vakalatnama. Let the same be filed forthwith. Respondent
No.2 – Mr. Ronak Dharmendrakumar Shah is present before this Court
and he has been duly identified by his advocate.
4. Heard learned counsel for the parties.
5. Learned counsel for the petitioners submitted that the amount
has now been paid to respondent No.2. As such, respondent No.2 has
no grievance against the present petitioner. He submitted that the
matter is amicably settled between the parties, i.e., petitioners and
respondent No.2 – complainant. In such circumstances, he prayed that
the FIR as well as all consequential proceedings arising therefrom qua
the present petitioners be quashed and set aside. In support of his
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contentions, he has relied upon the judgments of the Hon’ble Apex
Court in the cases of Gian Singh Vs. State of Punjab & Anr. ,
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 & 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.
6. In response, respondent No.2/original complainant appearing in
person along with his counsel, has filed his affidavit. The same is taken
on record. He submitted that the matter has now been amicably settled.
In view thereof, he submitted that he has no objections if the impugned
FIR as well as all consequential proceedings arising therefrom qua the
present petitioners is quashed and set aside.
7. Per contra, learned APP appearing for respondent No.1 – State
vehemently argued that serious allegations has been levelled against
the petitioners herein, as such contended that the captioned petition is
liable to be rejected.
8. Having considered the submissions of the learned counsels for
the parties and having gone through the records, it appears that on the
basis of the complaint preferred by respondent No.2 herein F.I.R being
CR. No. 11191025260600 of 2026 was registered before kagdapith
Police Station, Dist. Ahmedabad for the offenses punishable under
Sections 316(2), 316(4) of BNS, 2023. However, now the matter has
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been amicably settled between the petitioner and respondent No.2.
Respondent No.2 – complainant has filed also filed his consent affidavit,
thereby admitting the settlement. Para Nos.2 to 5 of the said affidavit
reads thus:-
“2. I state that upon intervention of the friends
from business circle and respected members of
the association; it is decided to resolve the
commercial dispute between us and it is mutually
decided between us that the account is required to
be settled for Rs.8,00,000 against all outstanding
dues of the applicant as full and final settlement.
3. Therefore. I am filing the present affidavit in
true spirits and further state that I do not have
any objection and give consent for quashing and
setting aside the FIR being CR. No.
11191025260600 of 2026 filed before kagdapith
Police Station, Dist. ahmedabad against the
applicant for the offence punishable under
Sections 316(2), 316(4) of BNS, 2023 as per
provision of the law. I further say and submit that
the present dispute has arisen out of a purely
commercial and business transaction between the
parties. I state that all the outstanding dues and
liabilities, which formed the subject matter of the
present proceedings, have now been fully paid,
satisfied and amicably settled between the parties
to my complete satisfaction.
4. That I further consent to the placing/annexing
copy of the present affidavit in the appropriate
proceedings preferred before court of law.
5. I state that I am competent to file the present
affidavit and the same is not adhered by any
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force, fraud, coercion or any undue influence and
infact the same is filed at my free will in true
letters and spirits and I am also within the
knowledge of the consequence of the present
affidavit.”
9. Thus, in view of the settlement affidavit and also taking into
consideration the decisions rendered in the cases of Gian Singh
(supra), Madan Mohan Abbot (supra), Nikhil Merchant (supra),
Manoj Sharma (supra), Narinder Singh (supra) as well as
Bhajanlal (supra), I am of the view that continuing further with the
criminal proceedings in relation to the impugned FIR against the
petitioners would be an unnecessary harassment to the petitioners.
Further trial would be a futile exercise and continuing with the criminal
proceedings pursuant to the impugned FIR and the Criminal 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 Criminal
Case, and all other consequential proceedings arising therefrom are
required to be quashed and set aside.
10. Thus, considering the overall submissions and the fact that the
parties have amicably settled the dispute, present petition stands
allowed. As such, the impugned F.I.R being CR. No. 11191025260600 of
2026, as well as all consequential proceedings arising therefrom qua the
present petitioner is hereby quashed and set aside.
11. Direct service is permitted. Rule is made absolute accordingly.
(MOOL CHAND TYAGI, J)
ARUN
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