RATNABHAI VAHABHAI MER vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/15391/2026 JUDGMENT DATED: 26/10/2026
(GJHC240811592026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
15391 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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RATNABHAI VAHABHAI MER & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. HARESH P. SATIYA(19604) for the Applicant(s) No. 1,2,3,4
TATVDEEP J JANI(7227) for the Applicant(s) No. 1,2,3,4
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 26/10/2026

JUDGMENT
1. The captioned petition is filed for quashing the FIR being CR
No.11198066260220/2026 registered at Velavadar-bhal Police Station,
Bhavnagar for the offences punishable under Sections 316(2), 316(4),
316(5), 318(2), 336(2), 336(3), 338, 340, 344, 3(5) and 61(2) of Bhartiya
Nyaya Sanhita, 2023, as the case may be, as well as all consequential
proceedings arising therefrom qua the present petitioner herein.
2. By way of preferring the captioned petition, the petitioner has
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R/SCR.A/15391/2026 JUDGMENT DATED: 26/10/2026
(GJHC240811592026)
prayed for the following prayers, as set out in para 14 hereinbelow:-
“A This Hon'ble Court, may be pleased to issue a writ in nature of
Mandamus and/or any other appropriate writ or direction to quash and set
aside the FIR being C.R.I-11198066260220 of 2026 registered with
Velavadar-bhal police station, Bhavnagar city dated 02.10.2026 (Annexure
-A) and all other proceedings arising out of it qua the petitioners.
(Annexure -A);
B) Pending admission and/or final disposal of this petition, Your Honour
may be pleased to stay further proceedings of FIR being C.R.I-
11198066260220 of 2026 registered with Velavadar-bhal police station of
Bhavnagar dated 02.10.2026, qua the petitioners.
C) This Hon'ble Court may be pleased to pass such orders as thought fit in
the interest of justice.”
3. Issue rule returnable forthwith. Learned APP accepts service of
rule on behalf of respondent no.1 and waives service. Mr. S.P. Kotia,
leaned advocate accepts service of rule on behalf of original
complainant-respondent no.2 and waives service.
4. The respondent no.2 i.e. original complainant appeared in
person.
5. Heard learned counsels for the parties.
6. Learned counsel for petitioner as well as respondent no.2 jointly
submitted that the matter has been amicably settled, therefore, no
purpose would be served to continue the prosecution. They further
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R/SCR.A/15391/2026 JUDGMENT DATED: 26/10/2026
(GJHC240811592026)
submitted that the original complainant has also filed the affidavit to that
effect at Annexure B, therefore, they prayed that the FIR may be
quashed.
7. Learned APP submitted that considering the seriousness of the
matter, the captioned petition deserves to be rejected.
8. Having considered the submissions of the learned counsels for
the parties and having gone through the record, the matter has been
amicably settled. Further the original complainant has filed the affidavit
on record at Annexure B. The original complainant in his affidavit at
para nos.2, 3 and 4 has deposed as under:-
“2. I respectfully submit that in the aforesaid complaint, at the instance of
friends & elders in the society, dispute between myself and the petitioners
is amicably settled outside the court therefore I do not want to proceed
further with above mentioned complaint.
3. The prime condition for the settlement and consent given by me for
quashing the FIR is with the assurance given by the petitioners that in
future they or their agents or any one of them on their behalf will not try to
influence, interfere or will not indulge in any act which may harm reputation
or business governed by my company/ firm and nor any type of litigations
or any action will be taken from their side against me or my company in
future.
4. It is submitted that as per the facts mentioned in FIR the loss which
was incurred by me is been paid by the petitioners and therefore if the FIR
and the further proceeding qua the present case is quashed and set-aside
then I do not have any objection.”
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R/SCR.A/15391/2026 JUDGMENT DATED: 26/10/2026
(GJHC240811592026)
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
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.11198066260220/2026 registered with Velavadar-bhal Police
Station, District Bhavnagar, as well as all consequential proceedings
arising therefrom, are hereby quashed and set aside qua the present
petitioner. Direct service is permitted.
11. Registry is directed to accept the vakalatnama of Mr. S.P. Kotia,
learned advocate for original complainant.
(MOOL CHAND TYAGI, J)
Harshit
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