PRITAM KAILASHNARAYAN MATADIN GOHIL vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/15975/2026 JUDGMENT DATED: 05/11/2026
(GJHC240855432026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING)
NO. 15975 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

==================================================
Approved for Reporting Yes No
==================================================
PRITAM KAILASHNARAYAN MATADIN GOHIL & ANR.
Versus
STATE OF GUJARAT & ANR.
==================================================
Appearance:
MR ABDULSAMAD SHAIKH(3311) for the Applicant(s) No. 1,2
MR. SOEB R. BHOHARIA(2205) for the Applicant(s) No. 1,2
MR SOAHAM JOSHI, ADDITIONAL PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==================================================
CORAM:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 05/11/2026

ORAL 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. Be pleased your Lordships to quashed and set aside
the complaint (F.I.R.) registered with Odhav Police
Station, Ahmedabad City vide C.R. No.
Page 1 of 5
Uploaded by BHARATKUMAR SUBHASHCHANDRA KOSHTI(HC01064) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 11:52:13 IST 2026

R/SCR.A/15975/2026 JUDGMENT DATED: 05/11/2026
(GJHC240855432026)
11191037261819/2026 filed by Respondent No.2 and
further be pleased to quashed and set aside the further
proceedings if any arising out of the said FIR.
B. Be pleased your Lordships to stay the further
proceedings carrying by the Odhav Police Station,
Ahmedabad City vide C.R. No. 11191037261819/2026.
C. Be please your Lordships to release the applicants
from the jail.”
2. ISSUE RULE returnable forthwith. Learned APP accepts
and waives service of rule for the respondent-State. Mr. Fahim A.
Memon, learned advocate accepts and waives service of Rule for
respondent No.2. Learned advocate Mr. Fahim A. Memon
undertakes to file Vakalatnama on behalf of respondent No.2.
Registry is directed to accept the same.
3. Heard learned counsel for the parties.
4. Learned counsel appearing for the petitioners submitted that
the matter has been amicably settled between the parties and the
affidavit of the original complainant has already been placed on
record. In support of his submission, he 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
Page 2 of 5
Uploaded by BHARATKUMAR SUBHASHCHANDRA KOSHTI(HC01064) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 11:52:13 IST 2026

R/SCR.A/15975/2026 JUDGMENT DATED: 05/11/2026
(GJHC240855432026)
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 APP submitted that the serious allegations have
been levelled against the present petitioners, therefore, the
captioned petition is liable to be dismissed.
6. Having heard the learned advocates appearing for the
respective parties and having gone through the record, it emerges
that the witness/victim has filed an affidavit on record, wherein in
Paragraph Nos.2 to 4, he has deposed as under:-
“3. That upon the intervention of respectable members of
the society, friends, and well-wishers, the matter has been
amicably resolved between myself and the petitioners
herein, namely Pintu @ Pravin Jivabhai Desai (Rabari) and
Sanjay Ishwarbhai Desai (Rabari), voluntarily and without
any pressure, coercion, or undue influence from any quarter.
4. That I state and declare that I have no objection if the
Hon'ble High Court is pleased to quash and set aside the
aforesaid FIR and all consequential proceedings arising
Page 3 of 5
Uploaded by BHARATKUMAR SUBHASHCHANDRA KOSHTI(HC01064) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 11:52:13 IST 2026

R/SCR.A/15975/2026 JUDGMENT DATED: 05/11/2026
(GJHC240855432026)
therefrom against the petitioners, in view of the mutual
settlement and in the interest of peace and harmony.
5. That I have executed this affidavit of compromise out
of my own free will and volition and the contents of this
affidavit have been read over and explained to me in Gujarati
and I have understood the same.
6. That this affidavit is made to be submitted before the
Hon'ble High Court of Gujarat at Ahmedabad in the above-
captioned Special Criminal Application for quashing of the
FIR and consequential proceedings.”
7. The original complainant – respondent no.2 herein is present
before the Court. He has been identified by learned advocate for
respondent No.2. Upon being asked, he has stated before the
Court that the matter has been amicably settled between the
parties and that he has no objection, if the F.I.R. being C.R. No.
11191037261819 of 2026 registered with Odhav Police Station,
Ahmedabad City as well as all further proceedings arising
therefrom are quashed and set aside.
8. 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
Page 4 of 5
Uploaded by BHARATKUMAR SUBHASHCHANDRA KOSHTI(HC01064) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 11:52:13 IST 2026

R/SCR.A/15975/2026 JUDGMENT DATED: 05/11/2026
(GJHC240855432026)
(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.
9. In the result, the present application is allowed. The FIR
being C.R. No. 11191037261819 of 2026 registered with Odhav
Police Station, Ahmedabad City , as well as all consequential
proceedings arising therefrom, are hereby quashed and set aside
qua the present petitioners.
10. Since the petitioners are in judicial custody, they shall be
released forthwith if not required in other matter.
Direct service is permitted.
(MOOL CHAND TYAGI, J)
Bharat
Page 5 of 5
Uploaded by BHARATKUMAR SUBHASHCHANDRA KOSHTI(HC01064) on Fri Nov 06 2026 Downloaded on : Fri Nov 06 11:52:13 IST 2026