PRATIK MAHENDRAKUMAR JAIN vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/11643/2026 JUDGMENT DATED: 29/10/2026
(GJHC240579462026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11643 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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PRATIK MAHENDRAKUMAR JAIN & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
RAJPUROHIT R BHAWARLAL(9420) for the Applicant(s) No. 1,2,3,4,5
MR ADITYA JADEJA, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 29/10/2026

JUDGMENT
1. Draft Amendment is allowed. The same to be carried out
forthwith.
2. By way of preferring the captioned petition, the
petitioners have prayed for the following prayers, as set out in
para 5 herein below:-
“a. To allow this application.,
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R/SCR.A/11643/2026 JUDGMENT DATED: 29/10/2026
(GJHC240579462026)
b. To pass an order or direction for quashing and setting aside
the impugned FIR (Annexure-A) registered with Madhavpura
Police Station, Ahmedabad City alongwith proceedings inform of
charge-sheet (Annexure-B) numbered Sessions Case No. 236 of
2024 pending before the learned District and Sessions Court,
Ahmedabad City and pass all other consequential and effective
orders in that regard;
c. To pass any other and further orders as may be deemed fit
and proper to this Hon’ble Court.”
3. ISSUE RULE returnable forthwith. Learned APP accepts
and waives service of rule for the respondent-State.
Mr.Satyajeet Sonagara, learned advocate accepts and waives
service of Rule for the respondent no.2.
4. Learned advocate Mr.Satyajeet Sonagara undertakes to
file Vakalatnama on behalf of respondent no.2. Registry is
directed to accept the same.
5 Heard learned counsel for the parties.
6. Learned advocate for the petitioner 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
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
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R/SCR.A/11643/2026 JUDGMENT DATED: 29/10/2026
(GJHC240579462026)
Haryana Vs. Bhajan Lal, AIR 1992 SC 604.
7. Learned advocate appearing for respondent No.2
submits that the original complainant - deceased
Rameshkumar Devichand Modi, passed away on 28.10.2025.
He has tendered the death certificate of the original
complainant - deceased, which is taken on record.
8. Learned APP submitted that the serious allegations have
been levelled against the present petitioner, therefore, the
captioned petition is liable to be dismissed.
9. Having heard the learned advocates appearing for the
respective parties and having gone through the record, it
emerges that the original complainant has expired on
28.10.2025. His legal representatives have filed an affidavit
on record, wherein in Paragraph Nos.2 to 4, they have
deposed as under:-
“2.I say and submit that the dispute between deponent and the
applicants i.e. 1) Pratik Mahendrakumar Jain, 2) Vinay
Mahendrakumar Jain, 3) Mahendrakumar Mulchand Jain, 4)
Swity @ Vinisha W/o. Vinay jain and 5) Deeprekha W/o.
Mahendrakumar Jain has been mutually resolved. It is submitted
that the applicants and deponent have amicably settled the
dispute and therefore, present affidavit is being sworn. It is
submitted that, I do not intend to prosecute applicants herein
further in connection with the aforesaid FIR.
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R/SCR.A/11643/2026 JUDGMENT DATED: 29/10/2026
(GJHC240579462026)
3. I say and submit that in view of the settlement arrived at
between the present deponent and applicants .e. 1) Pratik
Mahendrakumar Jain, 2) Vinay Mahendrakumar Jain, 3)
Mahendrakumar Mulchand Jain, 4) Swity @ Vinisha W/o. Vinay
jain and 5) Deeprekha W/o. Mahendrakumar Jain, it is submitted
that I have no objection if the FIR being CR No.
11191010230692 of 2023 registered with Madhavpura Police
Station, Ahmedabad City along with all the further proceedings
arising from the aforementioned FIR is quashed and set aside
against the present applicant.
4. I say and submit that the present affidavit is filed without any
threat and coersion.”
10. The legal representatives of the deceased-original
complainant viz. Shantaben and Dilipkumar are present
before the Court. They have been identified by learned
advocate for respondent No.2. Upon being asked, they have
stated before the Court that the matter has been amicably
settled between the parties and that they have no objection, if
the F.I.R. being C.R. No.11191010230692 of 2023 registered
with Madhavpura Police Station, Ahmedabad City for the
offences punishable under Sections 306 and 114 of the Indian
Penal Code as well as all further proceedings arising
therefrom are quashed and set aside.
11. Considering the aforementioned facts and circumstances
of the case and settlement affidavits and also taking into
consideration the decisions rendered in Gian Singh (supra),
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R/SCR.A/11643/2026 JUDGMENT DATED: 29/10/2026
(GJHC240579462026)
Madan Mohan Abbot (supra), Nikhil Merchant (supra), Manoj
Sharma (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.
12. In the result, the present application is allowed. The FIR
being C.R.No. 11191010230692 of 2023 registered with
Madhavpura Police Station, Ahmedababad City, as well as all
consequential proceedings arising therefrom, are hereby
quashed and set aside qua the present petitioner.
(MOOL CHAND TYAGI, J)
GIRISH
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