MOHAMMAD IRFAN @ SATTU LANGADA S/O MOHAMMAD RAMJAN SHAIKH vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/13208/2026 JUDGMENT DATED: 29/10/2026
(GJHC240584372026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
13208 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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MOHAMMAD IRFAN @ SATTU LANGADA S/O MOHAMMAD RAMJAN
SHAIKH & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KRUNAL G PATEL(8525) for the Applicant(s) No. 1,2,3
HARSHIL C. VAGHELA(21832) for the Respondent(s) No. 2
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 9 herein below:-
“A) Your Lordships be pleased to allow and admit this
application;
B) Your Lordships be pleased to exercise inherent powers under
Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 and
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R/SCR.A/13208/2026 JUDGMENT DATED: 29/10/2026
(GJHC240584372026)
be pleased to quash and set aside the FIR being No. Part-
11191026220476 of 2023 registered with Kalupur Police Station,
Ahmedabad city;
C) Your Lordships be pleased to exercise inherent powers under
Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 and
be pleased to quash and set aside the Charge Sheet which had
been filed before the Learned Additional Chief Metropolitan
Magistrate Court No. 16 on 21.11.2022;
D) Your Lordships be pleased to quash and set aside the entire
criminal proceedings of Sessions Case No. 241 of 2023 which is
pending before the Learned City Civil and Sessions Judge
Ahmedabad;
E) Pending admission, hearing and final disposal of t application,
to stay further proceedings of the Sessions C No. 241 of 2023
which is pending before the Learned C Civil and Sessions Judge,
Ahmedabad;
F) To pass any other and further orders as may be deemed fit
proper to this Hon'ble Court.”
2. ISSUE RULE returnable forthwith. Learned APP accepts
and waives service of rule for the respondent-State.
Mr.Harshil Vaghela, learned advocate accepts and waives
service of Rule for the respondent no.2.
3. Heard learned counsel for the parties.
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R/SCR.A/13208/2026 JUDGMENT DATED: 29/10/2026
(GJHC240584372026)
4. Learned counsel appearing for the petitioner submitted
that the matter has been amicably settled between the parties
and the affidavit of the original complainant has already been
placed on record. In support of his submission, he 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.
5. Learned APP submitted that the serious allegations have
been levelled against the present petitioner, therefore, the
captioned petition is liable to be dismissed.
6. Having heard the learned advocates appearing for the
respective parties and having gone through the record, it
emerges that the original victim has filed an affidavit on
record, wherein in Paragraph Nos.2 to 5, he has deposed as
under:-
“2. I say that I have gone through the memo of petition and
the facts and grounds stated in the memo of the petition are not
disputed by me. I don't wish to prosecute the Petitioners any
further with respect to the FIR being C. R. No. Part
11191026220476 of 2022 registered with the Kalupur Police
Station, Ahmedabad City on 04.10.2022 and the Sessions Case
No. 241 of 2023 which is pending before the Learned City Civil
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and Sessions Court, Ahmedabad for the offences punishable
under Sections 307, 323 and 114 of the Indian Penal Code, 1860
and Section 135(1) of the G. P. Act.
3. I say and submit that there was no enmity between myself and
the Petitioners. Both the sides are known to each other since
many years, in fact, we are all family friends. The Petitioner No.
3 is my son in-law and the Petitioner Nos. 1 and 2 are friends of
him. From the beginning the disputes had not been arisen
between me and the Petitioners, therefore, I don't wish to
prosecute my case against the present Petitioners. The disputes
between the parties are predominantly and basically private and
personal in nature and the parties have resolved their entire
disputes.
4. I further say and submit that a meeting took place between
both the sides, elderly persons of the society, villagers, family
members and well wishers of both the sides and the
misunderstanding between us got cleared. Also, upon
intervention of common friends, the matter had been resolved
between the parties so as to maintain harmony, peaceful and
healthy personal relationships in future. In view of amicable
settlement, I have agreed to support the Petitioners in respect of
prosecution initiated against the Petitioners on the basis of the
Sessions Case No. 241 of 2023. After due deliberation and
discussion amongst the parties, I have realized that the aforesaid
FIR is the result of misunderstanding and misconception of
facts. Hence, as per the mutual understanding and settlement, I
have agreed to give consent for quashing the entire proceedings
regarding the impugned FIR and Sessions Case which are
pending before the Learned City Civil and Sessions Court,
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Ahmedabad. Thus, I don't want to prosecute the impugned FIR
and Sessions Case against the present Petitioners. In the
circumstances, it is crystal clear that dispute between the
parties is purely of personal nature and no public policy is
involved in the same. It is also clearly reflected that the offences
are entirely personal in nature and therefore, don't affect public
peace, or tranquility and my respectful submission quashing of
such proceedings on account of compromise would bring about
peace, harmony and would secure ends of justice. I have also
realized the nature of hardships and inconvenience, socially and
mentally, it will cause to both the sides, if the criminal
proceedings continue, the life of Petitioners will be damaged.
5. I say and submit that I have not any objection if the aforesaid
FIR being C. R. No. Part 11191026220476 of 2022 registered
with the Kalupur Police Station, Ahmedabad and the entire
proceedings of the aforesaid Sessions Case No. 241 of 2023
which is pending before the City Civil and Sessions Court,
Ahmedabad will be quashed and set aside by this Hon'ble Court
by way of allowing the present petition.”
7. The original complainant – respondent no.2 herein is
present before the Court. He has been identified by learned
advocate for respondent No.2. Upon being asked, he has
stated before the Court that the matter has been amicably
settled between the parties and that he has no objection, if the
F.I.R. being C.R. No.11191026220476 of 2022 registered with
Kalupur Police Station, Ahmedabad City as well as all further
proceedings arising therefrom are quashed and set aside.
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R/SCR.A/13208/2026 JUDGMENT DATED: 29/10/2026
(GJHC240584372026)
8. 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.
9. In the result, the present application is allowed. The FIR
being C.R. No.11191026220476 of 2022 registered with
Kalupur Police Station, Ahmedabad City, 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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