KAPILDEV SHIVAKANT PANDEY vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/717/2023 JUDGMENT DATED: 29/10/2026
(GJHC240034422023)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 717 of 2023

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No
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KAPILDEV SHIVAKANT PANDEY
Versus
STATE OF GUJARAT & ANR.
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Appearance:
DARSHIT R BRAHMBHATT(8011) for the Applicant(s) No. 1
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. By way of preferring the captioned petition, the
petitioners have prayed for the following prayers, as set out in
para 8 herein below:-
“(A) Your Lordships may be pleased to admit and allow this
petition.
(B) Your Lordships may be pleased to quash and set aside the
complaint/FIR being I-C.R. No. 70 of 2016 with Aslali Police
Station, District: Ahmedabad on dated 07.08.2016 as well as the
Sessions Case arising out from the said FIR being Sessions Case
No. 91 of 2020 pending before Principal Sessions Judge,
Ahmedabad at Mirzapur, in the interest of justice;
(C) Pending this petition and till the final adjudication of the
petition, your lordship may be pleased to stay the proceeding of
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R/SCR.A/717/2023 JUDGMENT DATED: 29/10/2026
(GJHC240034422023)
complaint/FIR being I-C.R. No. 70 of 2016 with Aslali Police
Station, District: Ahmedabad on dated 07.08.2016 as well as the
Sessions Case arising out from the said FIR being Sessions Case
No. 91 of 2020 pending before Principal Sessions Judge,
Ahmedabad at Mirzapur, in the interest of justice;
(D) Your Lordships may be pleased to grant such other and
further relief/s that may be deemed fit and proper in the facts
and circumstances of the case;”
3. ISSUE RULE returnable forthwith. Learned APP accepts
and waives service of rule for the respondent-State.
Mr.Ammar Saiyed, learned advocate accepts and waives
service of Rule for the respondent no.2.
4. Learned advocate Mr.Ammar Saiyed undertakes to file
Vakalatnama on behalf of respondent no.2 before the registry
of this Court. Registry is directed to accept the same.
5 Heard learned counsel for the parties.
6. Learned advocate for the petitioner has submitted that
the matter has been amicably settled between the parties. It is
further submitted that the FIR qua the co-accused viz.
Simabhai, W/o. Rishwambhai Patel has already been quashed
by the Co-ordinate Bench of this Court vide order dated
02.12.2021 passed in Special Criminal Application No.9474 of
2021.
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R/SCR.A/717/2023 JUDGMENT DATED: 29/10/2026
(GJHC240034422023)
7. Learned advocate for the petitioner 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.
8. Learned advocate appearing for respondent No.2
submits that the matter has been amicably settled between
the parties and that he has no objection, if the F.I.R. in
question is quashed. He further submits that the legal
representatives of original complainant-Jigneshbhai and the
victim-Lalitkumar are present before the Court. They have
tendered their respective affidavits, which are taken on
record. They also stated that the dispute has been settled
amicably and the FIR in question may be quashed and set-
aside.
9. Learned APP submitted that the serious allegations have
been levelled against the present petitioner, therefore, the
captioned petition is liable to be dismissed.
10. Having heard the learned advocates appearing for the
respective parties and having gone through the record, it
emerges that the legal representatives of complainant-
Jigneshbhai and the victim-Lalitkumar have filed their
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R/SCR.A/717/2023 JUDGMENT DATED: 29/10/2026
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respective affidavits on record, wherein in Paragraph Nos.5 to
7, they have deposed as under:-
AFFIDAVIT OF ORIGINAL VICTIM:-
“5. It is submitted that, after filling of the FIR, the dispute was
settled due to intervention of the members of community and as
the matter has been settled amicably between both the parties,
and in the hon'ble court is quashing the FIR and all
consequential proceeding arising out from the FIR on the ground
of settlement, then complainant have NO OBJECTION..
6. I state and submit that, I was kidnaped and for that an FIR
was filed, and it was culminated in the Sessions Case No. 91 of
2020 pending before Sessions Judge, Ahmedabad at Mirzapur,
there was no role of the applicant herein in the said offence and
I don't want to continue the case against the applicant herein, as
the matter was settled amicably..
7. I state and submit that, after filing a complaint due to
intervention of family, friends and elders of the community
amicable settlement have been arrived between the parties for
quashing and setting aside I-C.R. No. 70 of 2016 with Aslali
Police Station, District: Ahmedabad, for the offences punishable
under section 364A, 365, 385, 387 r/w 120B of IPC, as well as all
the consequential proceeding arising out from the FIR being
Sessions Case No. 91 of 2020 pending before Sessions Judge,
Ahmedabad at Mirzapur, and if the Hon'ble court is quashing the
FIR on a ground of settlement, then I HAVE NO OBJECTIONS.”
AFFIDAVIT OF ORIGINAL COMPLAINANT:-
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R/SCR.A/717/2023 JUDGMENT DATED: 29/10/2026
(GJHC240034422023)
“5. It is submitted that, after filling of the FIR, the dispute was
settled due to intervention of the members of community and as
the matter has been settled amicably between both the parties,
and in the hon'ble court is quashing the FIR and all
consequential proceeding arising out from the FIR on the ground
of settlement, then complainant have NO OBJECTION..
6. I state and submit that, after filing a complaint due to
intervention of family, friends and elders of the community
amicable settlement have been arrived between the parties for
quashing and setting aside I-C.R. No. 70 of 2016 with Aslali
Police Station, District: Ahmedabad, for the offences punishable
under section 364A, 365, 385, 387 r/w 120B of IPC, as well as all
the consequential proceeding arising out from the FIR being
Sessions Case No. 91 of 2020 pending before Sessions Judge,
Ahmedabad at Mirzapur, and if the Hon'ble court is quashing the
FIR on a ground of settlement, then I HAVE NO OBJECTIONS.
7. It is submitted that: I am affirming this affidavit without any
pressure from anyone and with free will and consent of mine”
11. The legal representatives of the deceased-original
complainant-Jigneshbhai and the victim-Lalitkumar are
present before the Court. They have been identified by
learned advocate for respondent No.2. Upon being asked, they
have stated before the Court that the matter has been
amicably settled between the parties and that they have no
objection, if the F.I.R. being C.R. No.70 of 2016 registered
with Aslali Police Station, Ahmedabad for the offences
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R/SCR.A/717/2023 JUDGMENT DATED: 29/10/2026
(GJHC240034422023)
punishable under Sections 364(A), 365, 385, 387 r/w 120(B)
of the Indian Penal Code as well as all further proceedings
arising therefrom are quashed and set aside.
12. 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.
13. In the result, the present petition is allowed. The FIR
being C.R. No.70 of 2016 registered with Aslali Police Station,
Ahmedabad, as well as all consequential proceedings arising
therefrom, are hereby quashed and set aside qua the present
petitioner.
(MOOL CHAND TYAGI, J)
GIRISH
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