MOHAMMAD KAMARMOHAMMAD PATHAN vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/15998/2026 JUDGMENT DATED: 05/11/2026
(GJHC240854972026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
15998 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 KAMARMOHAMMAD PATHAN & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS. DEVAL I. MODI(19346) for the Applicant(s) No. 1,2,3,4
MR.SOEB BHOHARIA, for Respondent No.2
MR. SOAHAM JOSHI, APP for Respondent No.1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 05/11/2026
JUDGMENT
1. Issue rule returnable forthwith. Learned Additional Public
Prosecutor accepts and waives service of notice on behalf of
respondent No.1 and learned advocate Mr. Soeb Bhoharia accepts
and waives service of notice on behalf of respondent No.2.
2. By way of preferring the captioned petition, the petitioner
has prayed for the following prayers, as hereinbelow:-
“9. Be pleased your Lordships to quashed and set aside the
complaint (F.I.R.) registered with Isanpur Police Station,
Ahmedabad City vide C.R.No. 11191022250927/2026 filed by
Respondent No.2 and further be pleased to quashed and set aside
the further proceedings pending before The 25th Addl. Chief
Judicial Magistrate Court No. 43, Ahmedabad City vide Criminal
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R/SCR.A/15998/2026 JUDGMENT DATED: 05/11/2026
(GJHC240854972026)
Case No. 383450/2026.
B.. Be pleased your Lordships to stay the further proceedings
pending before The 25th Addl. Chief Judicial ourt No. 43,
Ahmedabad City vide Criminal Case No. 383450/2026.
C. Be pleased your Lordships to pass any other and further order
considering the facts and circumstances of the case in the interest
of justice.”
3. Heard learned counsels for the parties.
4. Learned counsel for the petitioner submitted that the
petitioners were arraigned as accused in an FIR being CR No.
11191022250927 of 2025 came to be registered by respondent
No.2 at Isanpur Police Station, Ahmedabad for the offences
punishable under Sections 118(1), 125(a), 296(b), 351(3) and 54 of
the BNSS. He submitted that the matter has been settled amicably
between the parties and therefore, the FIR and the other
proceedings arising out of the very FIR may be quashed.
4.1 In support of his contention, learned counsel for the
petitioner has relied upon the judgments of Hon’ble Apex Court in
cases 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 counsel appearing for respondent No.2-original
complainant submitted that respondent No.2 has settled the
dispute with the petitioners. He submitted that he has no objection
if the present FIR and other proceedings arising out of the same FIR
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R/SCR.A/15998/2026 JUDGMENT DATED: 05/11/2026
(GJHC240854972026)
are quashed and set aside. He submitted that the respondent No.2-
original complainant has also filed an affidavit to that effect. The
original complaint is also present before the Court, also
substantiated the fact that the dispute has been amiably settled
between the parties and he does not want to pursue the
proceeding further and he has no objection if the present
proceedings and other proceedings arising out of the same FIR
may be quashed and set aside.
6. Learned Additional Public Prosecutor submitted that serious
allegations are levelled against the present petitioners and
therefore, the present petition deserves to be rejected.
7. Having heard the learned advocates appearing for the
respective parties and considering the facts and circumstances of
the case, settlement affidavit as also taking into consideration the
decisions rendered in Gian Singh (supra), Madan Mohan Abbot
(supra), Nikhil Merchant (supra), Manoj Sharma (supra), Narinder
Singh (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.
8. It emerges that the original complainant has also filed an
affidavit, wherein it is stated as under:-
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R/SCR.A/15998/2026 JUDGMENT DATED: 05/11/2026
(GJHC240854972026)
That I am an original Injured of an F.I.R. registered with Isanpur
Police Station, Ahmedabad City vide C.R.No.
11191022250927/2026 against present applicants for the
offence punishable u/s. 118(1), 125(a), 296(b), 351(3), 54 of The
B.N.S.
3. It is submitted that the dispute which is the subject
matter of the FIR is now settled between us and it is resolved
between us and now there would be no any dispute between us
and further I as well as injured Zafar and complainant do not
have any objection if this Hon'ble High Court will quashed and
set aside the impugned FIR and its proceedings.
4. I say and submit that I don't have any objection in case of this
Hon'ble High Court please to please quashed and set aside the
impugned complaint (FIR) registered with Isanpur Police Station,
Ahmedabad City vide C.R.No. 11191022250927/2026 against
the applicants.
5.. That, we have entered into compromise and further said
compromise is permitted under law and there are landmark
judgments of the Hon'ble Supreme Courts in which criminal
proceedings were quashed and set aside in case of compromise
has taken place.
9. In the result, the present application is allowed . The FIR being
CR No. 11191022250927 of 2025 registered at Isanpur Police
Station, Ahmedabad, as well as all consequential proceedings
arising therefrom, are hereby quashed and set aside qua the
present petitioners.
(MOOL CHAND TYAGI, J)
SIDDHARTH
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