KARANSINH JASHVANTSINH SINDHA vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/15944/2026 JUDGMENT DATED: 05/11/2026
(GJHC240839072026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
15944 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
==========================================================
Approved for Reporting Yes No
==========================================================
KARANSINH JASHVANTSINH SINDHA & ANR.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1,2
MR. SOAHAM JOSHI, APP for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 05/11/2026
JUDGMENT
1. Draft amendment stands allowed. Amendment to be
carried out forthwith.
2. The Petitioner 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. 11199004261062 of 2026 registered with
Ankaleshwar City A Division Police Station, and all
consequential proceedings.
3. Issue Rule to the respondents, returnable forthwith.
Learned APP accepts and waives service of Rule on behalf of
respondent No.1 – State. Learned advocate accepts and waives
service of Rule on behalf of respondent No.2. He seeks time
Page 1 of 4
Uploaded by GIRISH K PARMAR(HC00954) on Mon Nov 09 2026 Downloaded on : Mon Nov 09 14:40:38 IST 2026

R/SCR.A/15944/2026 JUDGMENT DATED: 05/11/2026
(GJHC240839072026)
and is hereby granted one week’s time from the date of receipt
of copy of this order to file his vakalatnama on behalf of
respondent No.2. Respondent No.2 – Mr. Imran Ahmad Banva is
present before this Court through virtual mode and he has
been duly identified by his advocate. On being asked, he
stated that the dispute has been settled amicably and FIR and
consequential proceedings may be set-aside.
4. Heard learned counsel for the parties.
4. Learned counsel for the petitioners submitted that FIR
being Cr. No. 11199004261062 of 2026 came to be registered
with Ankaleshwar City A Division Police Station for the offences
punishable under Sections 115(2), 118(1), 126(2), 352, 54,
351(3) of BNS, 2023 and criminal proceedings were initiated.
He further submitted that the matter has now been amicably
settled between the parties. In such circumstances, he prayed
that the impugned FIR as well as all consequential proceedings
arising therefrom qua the present petitioners be quashed and
set aside. In support of his 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.
Page 2 of 4
Uploaded by GIRISH K PARMAR(HC00954) on Mon Nov 09 2026 Downloaded on : Mon Nov 09 14:40:38 IST 2026

R/SCR.A/15944/2026 JUDGMENT DATED: 05/11/2026
(GJHC240839072026)
5. In response, respondent No.2/original complainant
appearing in person along with his counsel 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 are quashed and set aside. Respondent
No.2 has already filed his affidavit at page 11 of the memo of
petition.
6. 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.
7. Having considered the submissions of the learned
counsels for the parties and having gone through the records,
it appears that FIR being Cr. No. 11199004261062 of 2026
came to be registered with Ankaleshwar City A Division Police
Station for the offences punishable under Sections 115(2),
118(1), 126(2), 352, 54, 351(3) of BNS, 2023 and criminal
proceedings were initiated. However, now the matter has been
amicably settled. Respondent No2 has filed his affidavit along
with the memo of petition. Para No.3 of the said affidavit reads
thus:-
“3. Therefore, I submit and state that I
dont have any objection if the impugned
dated 02.10.2026 being CR
No. 11199004261062 of 2026 registered with
Ankaleshwar City A – Division Police Station,
Bharuch and consequential proceedings
thereunder are quashed and set aside. ”
Page 3 of 4
Uploaded by GIRISH K PARMAR(HC00954) on Mon Nov 09 2026 Downloaded on : Mon Nov 09 14:40:38 IST 2026

R/SCR.A/15944/2026 JUDGMENT DATED: 05/11/2026
(GJHC240839072026)
8. Thus, in view of the afore 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 petitioner would be an
unnecessary harassment to the petitioner. 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.
9. Thus, considering the overall submissions and the fact
that the parties have amicably settled the dispute, present
petition stands allowed. As such, the impugned FIR being Cr.
No. 11199004261062 of 2026 registered with Ankaleshwar
City A Division Police Station, as well as pending litigation and
all consequential proceedings arising therefrom qua the
present petitioners is hereby quashed and set aside.
10. Direct service is permitted. Rule is made absolute
accordingly.
(MOOL CHAND TYAGI, J)
GIRISH/ARUN
Page 4 of 4
Uploaded by GIRISH K PARMAR(HC00954) on Mon Nov 09 2026 Downloaded on : Mon Nov 09 14:40:38 IST 2026