AMIT KALUBHAI PATNI(MANVALA) vs STATE OF GUJARAT

R/SCR.A/15064/2026 JUDGMENT DATED: 02/11/2026
(GJHC240780952026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
15064 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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AMIT KALUBHAI PATNI(MANVALA) & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
KAMALKUMAR R SHARMA(9502) for the Applicant(s) No. 1,2,3,4
O I PATHAN(7684) for the Applicant(s) No. 1,2,3,4
MR. ADITYA JADEJA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 02/11/2026

JUDGMENT
1. Draft amendment stands allowed. Amendment to be carried out
forthwith.
2. The Petitioner has preferred the instant petition under Article 14,
21 & 226 of the Constitution of India read with Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the following
reliefs:-
a) Your Lordships may be pleased to admit and allow
this application;
b) Be pleased to quash and set aside the complaint FIR
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R/SCR.A/15064/2026 JUDGMENT DATED: 02/11/2026
(GJHC240780952026)
filed by respondent no. 2 before Sherkotda Police
Station, Dist. Ahmedabad, vide C.R.No.
11191041260797/2026 and the offences punishable
U/s 324(4), 296(B), 351(3), 331(6), 54 of the BNS
on such terms and conditions as deem fit and
necessary;
c) Pending hearing and final disposal of this application,
Your Lordships be pleased to stay the further
proceedings in connection with FIR filed by
respondent no. 2 before Sherkotda Police Station,
Dist. Ahmedabad, vide C.R.No. Dist Aldud
11191041260797/2026 and the offence punishable
U/s 324(4), 296(B), 351(3), 331(6), 54 of the BNS in
the interest of justice;
d) Be pleased your Lordships to pass any other and
further order considering the facts and circumstance
of the case in the interest of justice;
e) Be pleased your Lordships an Affidavit may kindly
be dispensed with as petitioners are in the jail
3. Issue Rule to the respondents, returnable forthwith. Learned APP
accepts and waives service of Rule on behalf of respondent No.1 –
State. Learned advocate, Razin Zeena accepts and waives service of
Rule on behalf of respondent No.2. Let the vakalatnama on behalf of
respondent No.2 be filed forthwith. Presence of complainant was
dispensed with vide order dated 15.10.2026.
4. Heard learned counsel for the parties.
5. Learned counsel for the petitioners submitted that FIR being C.R.
C.R.No. 11191041260797/2026 came to be registered before Sherkotda
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R/SCR.A/15064/2026 JUDGMENT DATED: 02/11/2026
(GJHC240780952026)
Police Station, Dist. Ahmedabad for the offences punishable U/s 324(4),
296(B), 351(3), 331(6) & 54 of the BNS, 2023. He submitted that the
matter has now been amicably settled between the parties. In such
circumstances, he prayed that the FIR as well as all consequential
proceedings arising therefrom qua the present petitioners be quashed
and set aside.
6. In response, learned counsel appearing on behalf of respondent
No.2 - /original complainant invited our attention to the affidavit at
page 17 of the memo of petition. By placing reliance upon the said
affidavit, she submitted that the matter has now been amicably settled.
In view thereof, she submitted that she has no objections if the
impugned FIR as well as all consequential proceedings arising
therefrom qua the present petitioners are quashed and set aside.
7. Per contra, learned APP appearing for respondent No.1 – State
vehemently argued that serious allegations has been levelled against
the petitioners herein. He submitted that Petitioner No.2 – Mr. Ravi
Bharatbhai Patni & petitioner No.3 – Mr. Shaileshbhai Rameshbhai Patni
are involved in other offenses and placed a report before this Court
which demonstrated the details of several cases registered before
various police stations in the state of Gujarat against the afore
petitioners. The report of Investing Officer is also placed on record.
Both these reports are taken on record. Having placed reliance upon
the aforesaid reports and having regard to the offenses levelled in the
FIR in question in the instant case, learned APP prayed for rejection of
the captioned petition.
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R/SCR.A/15064/2026 JUDGMENT DATED: 02/11/2026
(GJHC240780952026)
8. In rebuttal, learned counsel for the petitioners-accused submitted
that in view of the compromise arrived between the parties, no purpose
would be served by proceeding with impugned FIR and the Criminal
Case and argued that it would amount to abuse of process of law. In
support of his contentions, he has relied upon the judgments of the
Hon’ble Apex Court in the cases of Gian Singh Vs. State of Punjab
& Anr. , reported in (2012) 10 SCC 303 , Madan Mohan Abbot Vs.
State of Punjab , reported in (2008) 4 SCC 582 , Nikhil Merchant
Vs. Central Bureau of Investigation & Anr. , reported in 2009 (1)
GLH 31, Manoj Sharma Vs. State & Ors. , reported in 2009 (1)
GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr.
reported in 2014 (2) Crime 67 (SC) as well as State of Haryana
Vs. Bhajanlal reported in AIR 1992 SC 604.
9. Having considered the submissions of the learned counsels for
the parties and having gone through the records, it appears that FIR
being C.R.No. 11191041260797/2026 came to be registered before
Sherkotda Police Station, Dist. Ahmedabad for the offences punishable
U/s 324(4), 296(B), 351(3), 331(6) & 54 of the BNS, 2023. However,
now the matter has been amicably settled between the parties.
Respondent No.2 – complainant has also filed her affidavit, thereby
admitting the settlement. Para Nos.2 to 6 of the said affidavit reads
thus:-
“2. That I am Respondent no.2 (Original Complainant) of
an FIR filed before Sherkotda Police Station vide I-
C.R.No. 11191041260797/2026 and the offence
punishable U/s 324(4), 296(B), 351(3), 331(6), 54 of the
BNS in which petitioner shown as accused.
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R/SCR.A/15064/2026 JUDGMENT DATED: 02/11/2026
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3. It is submitted that our friends and family member
duly take interest in our matter and therefore dispute
has been settle between us and therefore I don't want to
further the proceeding in Criminal Proceeding
4. It is respectfully submits that if the said criminal case
will be quashed and set aside in the favour of petitioner
I don't have any objection therefore be Pleased your
Lordship kindly quashed and set aside the complaint FIR
filed before Sherkotda Police Station vide I-C.R.No.
11191041260797/2026 and the offence punishable U/s
324(4), 296(B), 351(3), 331(6), 54 of the BNS.
5. It is further submitted that due to some
misunderstanding said complaint come to be lodged now
we have settle the matter and therefore if the said
complaint quashed and set aside by this Hon'ble Court I
don't have any objection.
6. I say and submit that what is stated herein above is
true to the best of my knowledge and information and
further I have executed present affidavit without having
any influence or threat or undue coercion and further
said affidavit is executed by me having free consent.”
10. Thus, having regard to the facts and circumstances of the case
and having regard to the affidavit, wherein the respondent No.2 had
candidly stated that the compliant came to be lodged due to some
misunderstanding and now the matter has been amicably settled, and
taking into consideration the decisions rendered in the cases of Gian
Singh (supra), Madan Mohan Abbot (supra), Nikhil Merchant
(supra), Manoj Sharma (supra), Narinder Singh (supra) as well
as Bhajanlal (supra), I am of the view that continuing further with
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R/SCR.A/15064/2026 JUDGMENT DATED: 02/11/2026
(GJHC240780952026)
the criminal proceedings in relation to the impugned FIR against the
petitioner would be an unnecessary harassment to the petitioner.
Further trial would be a futile exercise and continuing with the criminal
proceedings pursuant to the impugned FIR and the Criminal Case would
amount to abuse of process of law. Hence, to secure the ends of
justice, the impugned FIR as well as the proceedings of the Criminal
Case, and all other consequential proceedings arising therefrom are
required to be quashed and set aside.
11. Thus, considering the overall submissions and the fact that the
parties have amicably settled the dispute, present petition stands
allowed. As such, the impugned FIR being C.R.No.
11191041260797/2026 registered before Sherkotda Police Station, Dist.
Ahmedabad, as well as all consequential proceedings arising therefrom
qua the present petitioners, is hereby quashed and set aside.
12. At this stage, it been pointed out by the learned counsel for the
petitioners that the petitioners herein are still behind bars. In view of
the quashing of the FIR/complaint and the consequent proceedings
arising therefrom, concerned Jail Authorities are directed to release the
petitioners forthwith, if not required in connection with any other case.
Registry is directed to send a copy of this order to the concerned jail
authorities forthwith for compliance.
13. Direct service is permitted. Rule is made absolute accordingly.
(MOOL CHAND TYAGI, J)
ARUN
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