JAYDIPSINH @ LALO MANGALSINH JADEJA vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/6417/2026 JUDGMENT DATED: 27/10/2026
(GJHC240339992026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
6417 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
==========================================================
JAYDIPSINH @ LALO MANGALSINH JADEJA & ORS.
Versus
STATE OF GUJARAT & ANR.
================================================================
Appearance:
MR. PREMAL RACHH for MR GAURAV S THUMMAR(13022) for the
Applicant(s) No. 1,2,3,4,5
MR. KANVA ANATNI, APP, for the Respondent(s) No. 1
===============================================================
CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 27/10/2026
JUDGMENT
1. Rule returnable forthwith. Learned Additional Public
Prosecutor accepts and waives service of rule on behalf of
respondent No.1 and learned advocate Mr. Mahek Raval accepts
and waives service of rule on behalf of respondent No.1.
2. By way of preferring the captioned petition, the petitioner
has prayed for the following prayers, as set out in para 5
hereinbelow:-
(“A) YOUR LORDSHIPS be pleased to appropriate writ, order or
direction calling for the records and proceedings of FIR registered
as C. R. No. 11202009260914/2026 registered with City 'B'
Division Police Station, Dist. Jamnagar and after perusing the
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R/SCR.A/6417/2026 JUDGMENT DATED: 27/10/2026
(GJHC240339992026)
same be pleased to quash and set aside the impugned FIR
registered as C. R. No. 11202009260914/2026 registered with
City 'B' Division Police Station, Dist. Jamnagar and proceedings
arising there from and pursuant thereto, in the interest of justice;
(B) YOUR LORDSHIPS be pleased to stay the further proceeding
in pursuance of FIR registered as C.R. No. 11202009260914
/2026 registered with City 'B' Division Police Station, Dist.
Jamnagar and proceedings arising there from and pursuant
thereto, pending the admission, hearing and final disposal of this
petition;
(C) YOUR LORDSHIPS be pleased to direct release of the
petitioners from judicial custody forthwith by quashing and
setting aside the FIR registered as C. R. No.
11202009260914/2026 registered with City 'B' Division Police
Station, Dist. Jamnagar, in the interest of justice;
(D) YOUR LORDSHIPS be pleased to dispense with filing of the
affidavit in support of this petition as the petitioners are in jail
(E) YOUR LORDSHIPS be pleased to grant such other and futhter
orders, as may deemed fit and proper by this Hon’ble Court in the
interest of justice”
3. It emerges from the record that the FIR being CR No.
11202009260914 of 2026 came to be registered at City 'B'
Division Police Station, Dist. Jamnagar for the offences
punishable under Sections 61, 115(2), 119(1), 127(7), 140(2), 142,
308(5), 351(3) and 353 of BNS, 2023, as the case may be, as well
as all consequential proceedings arising therefrom qua the
present petitioners herein.
4. It also emerges from the record that the charge sheet has
already been filed. During the pendency of the matter, the
parties have settled the matter amicably and the affidavit of the
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R/SCR.A/6417/2026 JUDGMENT DATED: 27/10/2026
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original complainant has already been filed on record. On the last
date of hearing, respondent No.2 appeared through Video
Conferencing. In the said affidavit, the original complainant has
deposed in para nos.2 to 4 as under:-
“2. I say that I have gone through the memo of petition and the
facts and grounds stated in the memo of petition are not
disputed by me. At the outset I say and submit that the disputes
and grievances of both the sides have been amicably settled and
petitioners may kindly not be prosecuted any further with
respect to the FIR being C. R. No. 11202009260914/2026
registered with City 'B' Division Police Station, Dist. Jamnagar by
me for the offences punishable u/s. 61, 115(2), 119(1), 127(7),
140(2), 142, 308(5), 351(3) & 353 of BNS.
3. I say that both sides are known to each other and having good
relations. There was no animosity between both and therefore,
recently, a meeting took place between both the parties whereby
I have realized that FIR is lodged out of anger, anxiety,
misunderstanding and misconception, we have decided to resolve
the entire dispute pending amongst us. Due to the intervention
of other relatives, friends and well-wishers, the parties have
resolved the entire issue amongst them and as on date there are
no disputes/grudges pending amongst each other and therefore
If the criminal proceedings are prosecuted further and both the
sides are subjected to rigors of criminal trial, future lives of
petitioners and mine will be ruined and spoiled. After due
deliberations and discussions amongst the family members of
both the sides, compromise agreement is arrived at between the
parties and I have also agreed to support the petitioners in
respect of prosecution initiated against the petitioners on the
basis of impugned FIR.
4. In the facts and circumstances as narrated above, I at my free
will, wish and desire am stating on oath that as the dispute
between us has been amicably settled, the complaint filed being
FIR registered as C. R. No. 11202009260914/2026 registered
with City 'B' Division Police Station, Dist. Jamnagar by me for the
offences punishable u/s. 61, 115(2), 119(1), 127(7), 140(2), 142,
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R/SCR.A/6417/2026 JUDGMENT DATED: 27/10/2026
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308(5), 351(3) & 353 of BNS and proceedings arising there from
and pursuant thereto, may be quashed and set aside in the
interest of justice. ”
5. Heard learned counsels for the parties.
6. At the outset, learned counsel Mr. Premal Rachh for learned
counsel Mr. Gaurav Thummar, appearing for the petitioners
submitted that the matter has been amicably settled with
respondent No.2. He further submitted that respondent No.2 has
also filed his affidavit on record at Annexure-B. Learned counsel
appearing on behalf of respondent No.2 has also confirmed that
the both the parties have settled the dispute amicably. They
further submitted that no purpose would be served if the matter
is kept alive and it would amount to abuse of process of law.
6.1 Learned counsel appearing for the petitioners has relied
upon the judgments of the Hon’ble Apex Court rendered in the
cases 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. Per contra, learned Additional Public Prosecutor
vehemently opposed the petition on the ground that serious
allegations have been levelled against the present petitioners.
He further submitted that the present petitioners have past
antecedents and are also involved in other matters. He further
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R/SCR.A/6417/2026 JUDGMENT DATED: 27/10/2026
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submitted that there is a strong likelihood that the prosecution
will secure a conviction in the trial. Therefore, he prayed that the
captioned petition may be dismissed.
8. In rejoinder, Mr. Premal Rachh, learned advocate appearing
on behalf of the petitioners, submitted that petitioner Nos. 1 and
5 do not have any criminal antecedents, whereas an FIR has been
lodged against respondent Nos. 2 to 4, but they have not been
convicted by any court. He submitted that when the parties have
settled the dispute amicably, continuing the trial would amount
to an abuse of the process of law. Therefore, he submitted that
the contentions raised by the learned Additional Public
Prosecutor are not sustainable.
9. Having heard the learned advocates appearing for the
respective parties and considering the facts and circumstances of
the case, settlement affidavit as also taking into consideration
the decisions rendered Gian Singh (supra), Madan Mohan Abbot
(supra), Nikhil Merchant (supra), Manoj Sharma (supra),
Narinder Singh (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.
10 In the result, the present petition is allowed . The FIR being
CR No. 11202009260914 of 2026 registered at City 'B' Division
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R/SCR.A/6417/2026 JUDGMENT DATED: 27/10/2026
(GJHC240339992026)
Police Station, Dist. Jamnagar, as well as all consequential
proceedings arising therefrom, are hereby quashed and set aside
qua the present petitioners. Rule is made absolute to the
aforesaid extent. Direct service is permitted.
(MOOL CHAND TYAGI, J)
SIDDHARTH
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