KISHANBHAI DEVRAJBHAI MARU vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/15942/2026 JUDGMENT DATED: 04/11/2026
(GJHC240852972026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15942 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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KISHANBHAI DEVRAJBHAI MARU & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR FENIL H BATHIYA(13663) for the Applicant(s) No. 1,2,3
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 04/11/2026

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 issue appropriate writ, order
or direction for quashing and setting aside of the impugned FIR
being C.R. No. 11190002261396/2026 with Botad Police Station,
District Botad qua the Petitioners and all proceedings arising
therefrom and pursuant thereto, in the interest of justice;
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R/SCR.A/15942/2026 JUDGMENT DATED: 04/11/2026
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(B) YOUR LORDSHIPS be pleased to stay the further
proceedings in pursuance of FIR being C.R. No.
11190002261396/2026 with Botad Police Station, District Botad
qua the Petitioners and all proceedings arising therefrom and
pursuant thereto, pending the admission, hearing and final
disposal of this petition, in the interest of justice;
(C) …..”
3. ISSUE RULE returnable forthwith. Learned APP accepts
and waives service of rule for the respondent-State.
Mr.Sandip Chohala, learned advocate accepts and waives
service of Rule for the respondent no.2.
4. Learned advocate Mr.Sandip Chohala 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 petitioners submits that the
petitioners have been arraigned as accused in connection with
F.I.R. being C.R. No. 11190002261396/2026 registered with
Botad Police Station, District Botad, for the offences
punishable under Sections 115(2), 352, 351(3), 308(5),
189(1), 191(1) and 190 of the Bharatiya Nyaya Sanhita, 2023,
and Section 135 of the Gujarat Police Act. It is submitted that
the matter has been amicably settled between the parties. He,
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R/SCR.A/15942/2026 JUDGMENT DATED: 04/11/2026
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therefore, prays that the aforesaid F.I.R. and all consequential
proceedings arising therefrom may be quashed and set aside.
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 original
complainant is present before the Court and that the affidavit
of the original complainant is already on record. The original
complainant also states that the dispute has been amicably
settled and that he has no objection if the F.I.R. in question is
quashed and set aside.
9. Learned APP has tendered a report submitted by the
P.S.I., Botad Town Police Station, Botad, which is taken on
record. She further submits that the investigation is still
pending and that petitioner Nos. 1 and 2 are also involved in
other offences. She, therefore, submits that the present
petition deserves to be dismissed.
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10. Having heard the learned advocates appearing for the
respective parties and having gone through the record, it
emerges that the original complainant-respondent no.2 herein
has filed his 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 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
I do not wish to prosecute the petitioners any further with
respect to the FIR being C.R. No. 11190002261396/2026 with
Botad Police Station, District Botad and all proceedings arising
therefrom and pursuant thereto
3. I say that the there was no enmity between myself and the
present petitioners. I say that I have settled the dispute with the
petitioners and I do not wish to go on with the FIR filed against
him. I say and submit that FIR in question was lodged out of
misunderstanding, misconception, desperation, anger and
anxiety and therefore also I do not want to prosecute petitioners
any further for the FIR impugned. I say that dispute between the
parties is predominantly and basically private and personal in
nature and the parties have resolved their entire dispute.
4. I say that after registration of the impugned FIR, a meeting
took place between both the sides, elderly persons of the society,
family members and well-wishers of both the sides and the
misunderstanding between us got cleared. Also upon
intervention of common friends, the matter has been resolved
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between us and an amicable settlement has been arrived at
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
impugned FIR. After due deliberations and discussions amongst
the parties, I have realized that 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 of impugned FIR. Thus, I do not want to
prosecute the impugned FIR against the petitioners. In the
circumstances, it is crystal clear that dispute between the
parties is purely of personal/private 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, do not
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 and both the sides are subjected
to rigors of criminal trial, it will immensely affect our future
prospects of better life.
5. In the facts and circumstances as narrated above, I at my free
will, wish and desire am stating on oath that I do not wish to
prosecute the criminal proceedings with petitioners as the
dispute between us has been amicably settled. I state that the
complaint filed by me being F.I.R. being C.R. No.
111900002261396/2026 with Botad Police Station, District
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R/SCR.A/15942/2026 JUDGMENT DATED: 04/11/2026
(GJHC240852972026)
Botad for the offences punishable u/s. 115(2), 352, 351(3),
308(5), 189(1), 191(1), 190 of BNS and U/s 135 of G.P. Act and
all proceedings arising therefrom and pursuant thereto may be
quashed in the interest of justice.’”
11. 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.
12. In the result, the present petition is allowed. The FIR
being C.R. No. 11190002261396/2026 registered with Botad
Police Station, District Botad 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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