NARENDRASINH BHAGVANSINH BIHOLA vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/13331/2026 JUDGMENT DATED: 03/11/2026
(GJHC240657022026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
13331 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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NARENDRASINH BHAGVANSINH BIHOLA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ABDULGANI MANSURI(6668) for the Applicant(s) No. 1,2,3
MR YOGESH G KANADE(3114) 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 : 03/11/2026

JUDGMENT
1. Issue rule returnable forthwith. Learned APP accepts service of
rule on behalf of respondent no.1 and waives service. Ms. Poonam
Chaudhary, leaned advocate accepts service of rule on behalf of
original complainant-respondent no.2 and waives service.
2. The captioned petition is filed under Articles 226 and 227 for
quashing the FIR being CR No.11216008200013/2020 registered at
Sector 7 Police Station, Gandhinagar for the offences punishable under
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R/SCR.A/13331/2026 JUDGMENT DATED: 03/11/2026
(GJHC240657022026)
Sections 465, 467, 468, 471 and 114 of IPC, as the case may be, as
well as all consequential proceedings arising therefrom qua the present
petitioners herein.
3. By way of preferring the captioned petition, the petitioners have
prayed for the following prayers, as set out in para 8 hereinbelow:-
“ a. YOUR LORDSHIPS MAY BE pleased to quashed and set aside FIR
bearing bearing I C.R. NO 11216008200013/2020 dated 07.01.2020 at
Sector 7 Police Station, Gandhinagar dated 07.01.2020 for the offence
punishable U/S 465,467,468,471, and 114 OF IPC all consequential
proceedings after charge sheet and before charge sheet including Criminal
Case No. 4569/2020 (Annexure A & B) pending before ACJM, Gandinagar
in the interest of Justice.
b. Be pleased to stay implementation operation and execution of the
impugned FIR I C.R. NO. 11216008200013/2020 dated 07.01.2020 at
Sector 7 Police Station, Gandhinagar dated 07.01.2020 for the offence
punishable U/S 465,467,468,471, and 114 OF IPC all consequential
proceedings after charge sheet and before charge sheet including Criminal
Case No. 4569/2020 (Annexure A & B) in the interest of Justice.
c. Grant such other and further reliefs as this Hon'ble Court thinks fit and
proper in the interest of Justice.”
4. Heard learned counsels for the parties.
5. Learned counsel for petitioners submitted that during the
pendency of the said case, the matter has been amicably settled
between the present petitioners and the original complainant, therefore,
he prayed for quashing of FIR and the consequential proceedings
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R/SCR.A/13331/2026 JUDGMENT DATED: 03/11/2026
(GJHC240657022026)
emanating therefrom qua the present petitioners herein.
6. Learned APP submitted that considering the facts and
circumstances, the appropriate order may be passed.
7. Learned counsel appearing on behalf of respondent no.2
submitted that the matter has been amicably settled and now she has
no grievance against the petitioners. She further submitted that she has
no objection, if the FIR and the consequential proceedings emanating
therefrom qua the present petitioners are quashed and set aside. She
further submitted that the respondent no.2 has filed the affidavit on
record, thereby consented to quash and set aside the FIR and the
consequential proceedings emanating therefrom qua the present
petitioners. Therefore, he submitted that the captioned petition deserves
to be allowed.
8. Having considered the submissions of the learned counsels for
the parties and having gone through the record, it emerges from the
record that during the pendency of the trial, the petitioners as well as
the original complainant has amicably settled the matter. Further, the
original complainant has filed the affidavit on record at Annexure C. The
original complainant in his affidavit at para nos.1 to 4 has deposed as
under:-
“1. I say that I had filed a complaint which is registered as I C.R. NO.
11216008200013/2020 dated 07.01.2020 at Sector 7 Police Station,
Gandhinagar dated 07.01.2020 for the offence punishable U/S
465,467,468,471, and 114 OF IPC all consequential proceedings after
charge sheet and before charge sheet including Criminal Case No.
4569/2020against the present petitioners.
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R/SCR.A/13331/2026 JUDGMENT DATED: 03/11/2026
(GJHC240657022026)
2. It is submitted that petitioner is ready to settlement only because the
misunderstanding is clear and petitioner also ready to co operate in clear
all needful proceedings therefore, I am being complainant ready for
settlement.
3. It is submitted that it is private dispute and if quashed the proceedings
not affect law and order. The conscience of the petitioner as well as
complainant is clear therefore no objection to give therefore No objection
to both parties to settle the matter. Therefore, in presence of veterans,
elders and after removing misunderstanding the matter amongst parties
settled amicably..
4. Therefore, I support the prayer of quashing all consequential
proceedings arising out of application I C.R. NO. 11216008200013/2020
dated 07.01.2020 at Sector 7 Police Station, Gandhinagar dated
07.01.2020 for the offence punishable U/S 465,467,468,471, and 114 OF
IPC all consequential proceedings after charge sheet and before charge
sheet including Criminal Case No. 4569/2020 I say that the present
affidavit is not adhered by force fraud coercion or any undue influence and
in fact the same is filed at my free will and I am also within knowledge of
the consequence of the present affidavit.”
9. Thus, considering the fact that the matter has been amicably
settled and taking into consideration the decisions rendered in 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
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R/SCR.A/13331/2026 JUDGMENT DATED: 03/11/2026
(GJHC240657022026)
SC 604 , 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 application is allowed. The FIR being CR
No.11216008200013/2020 registered with Sector 7 Police Station,
Gandhinagar, 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.
11. Registry is directed to accept the vakalatnama of Ms. Poonam
Chaudhary, learned advocate for original complainant.
(MOOL CHAND TYAGI, J)
HS
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