TARANGKUMAR CHIMANBHAI PATEL vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/11688/2026 JUDGMENT DATED: 03/11/2026
(GJHC240600902026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
11688 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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TARANGKUMAR CHIMANBHAI PATEL & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. RHYTHM P PATEL(18781) for the Applicant(s) No.
1,10,11,12,13,2,3,4,5,6,7,8,9
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 03/11/2026

ORAL JUDGMENT
1. The Petitioner has preferred the instant petition under Article 226
of the Constitution of India read with Section 528 of BNSS, 2023, with
the principal prayer to quash and set aside the FIR being Cr. No.
11188002220020 of 2022 registered with Bayad Police Station, and all
consequential proceedings being Criminal Case No.263 of 2024 pending
before the learned Sessions Judge Modasa, Arvalli District.
2. Issue Rule to the respondents, returnable forthwith. Learned APP
accepts and waives service of Rule on behalf of respondent No.1 –
State. Learned advocate, MR. Dharmesh Patel accepts and waives
service of Rule on behalf of respondent No.2. He seeks time and is
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R/SCR.A/11688/2026 JUDGMENT DATED: 03/11/2026
(GJHC240600902026)
hereby granted one week’s time from the date of receipt of copy of this
order to file his vakalatnama on behalf of respondent No.2. Original
Original complainant/Respondent No.2 – Mr. Kirtibhai Girishbhai Patel is
present before this Court through virtual mode and he has been duly
identified by his advocate.
3. Heard learned counsel for the parties.
4. Learned counsel for the petitioners submitted that FIR being Cr.
No. 11188002220020 of 2022 came to be registered with Bayad Police
Station for the offences punishable under Sections 395, 326(a), 323,
506(2) and 427 of the Indian Penal Code and under Sectons 135 of the
Police Act and subsequently charge-sheet was filed and criminal
proceedings were initiated. He further submitted that in the present
case, a cross FIR being C.R. No.11188002220021 of 2022 was
registered with Bayad Police Station. The said cross FIR and all
consequential proceedings emanating therefrom was quashed and set
aside by the Coordinate Bench of this Court by way of order passed in
R/Special Criminal Application No.1251 of 2022 on 09.09.2026. He
further submitted that the matter has now been amicably settled
between the parties. In such circumstances, he prayed that the
impugned FIR as well as all consequential proceedings arising
therefrom qua the present petitioners be quashed and set aside. 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)
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R/SCR.A/11688/2026 JUDGMENT DATED: 03/11/2026
(GJHC240600902026)
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.
5. In response, respondent No.2/original complainant appearing in
person along with his counsel submitted that the matter has now been
amicably settled. In view thereof, he submitted that he has no
objections if the impugned FIR as well as all consequential proceedings
arising therefrom qua the present petitioners are quashed and set
aside. Respondent No.2 has already filed his affidavit at page 16 of the
memo of petition.
6. Per contra, learned APP appearing for respondent No.1 – State
vehemently argued that serious allegations has been levelled against
the petitioners herein, as such contended that the captioned petition is
liable to be rejected.
7. Having considered the submissions of the learned counsels for
the parties and having gone through the records, it appears that FIR
being Cr. No. 11188002220020 of 2022 came to be registered with
Bayad Police Station for the offences punishable under Sections 395,
326(a), 323, 506(2) and 427 of the Indian Penal Code and under
Sectons 135 of the Police Act and subsequently charge-sheet was filed
and criminal proceedings were initiated. It also emerges from the
records the cross FIR being C.R. No.11188002220021 of 2022 was
registered with Bayad Police Station. The said FIR and all consequential
proceedings emanating therefrom was quashed and set aside by the
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R/SCR.A/11688/2026 JUDGMENT DATED: 03/11/2026
(GJHC240600902026)
Coordinate Bench of this Court by way of order passed in R/Special
Criminal Application No.1251 of 2022 on 09.09.2026. However, now the
matter has been amicably settled. Respondent No2 has filed his
affidavit along with the memo of petition. Para Nos.1 to 4 of the said
affidavit reads thus:-
“1. That the deponent respondent no.2 herein is
complainant of the complaint being Cr. no.
1188002220020 of 2022 registered with Bayad
Police Station under section 395, 326(a), 323,
506(2) and 427 of Indian Penal Code and section
135 of the Gujarat Police Act.
2. That the deponent most respectfully submits
that at the intervention by the near and dear once
of the deponent, issue has been resolved as all are
residing in same village.
3. That the deponent most respectfully submits
that he has no grievance against all the accused
and for the betterment of the relations of
deponent and petitioners, filing this affidavit in
support of the present petition.
4. That the deponent giving his consent by his
free will and volition to quash the FIR being Cr. no.
11188002220020 of 2022 registered with Bayad
Police Station and Session Case no. 30 of 2024
pending before the Sessions Judge, Modasa, Dist.
Arvalli against all the petitioners accused.”
8. Thus, in view of the afore affidavit and also 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
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R/SCR.A/11688/2026 JUDGMENT DATED: 03/11/2026
(GJHC240600902026)
Bhajanlal (supra), I am of the view that continuing further with 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.
9. 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 Cr. No. 11188002220020 of
2022 registered with Bayad Police Station, as well as pending litigations
and all consequential proceedings arising therefrom qua the present
petitioners is hereby quashed and set aside.
10. Direct service is permitted. Rule is made absolute accordingly.
(MOOL CHAND TYAGI, J)
ARUN
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