JIMMY SUNILBHAI MODI vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/15936/2026 JUDGMENT DATED: 05/11/2026
(GJHC240848072026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15936 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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JIMMY SUNILBHAI MODI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. HERSCHELLE K. RAVAL(18164) for the Applicant(s) No. 1
MR.SOAHAM JOSHI, APP, for the Respondent(s) No. 1
MR. ZALAK B. SUTHAR, for the Respondent No.2
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 05/11/2026
JUDGMENT
1. Issue rule returnable forthwith. Learned Additional Public
Prosecutor accepts and waives service of notice on behalf of
respondent No.1 and learned advocate Mr. Zalak Suthar accepts and
waives service of notice on behalf of respondent No.2. He is
permitted to file his Vakalatnama. Registry is directed to accept the
same.
2. By way of preferring the captioned petition, the petitioner
has prayed for the following prayers, as hereinbelow:-
“A That this Hon'ble Court may be pleased to issue a writ of
mandamus and/or any other appropriate writ, order or
directions to quash and set aside the FIR bearing I-CR No.
11199034260328 of 2026 registered before Kavi Police Station,
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R/SCR.A/15936/2026 JUDGMENT DATED: 05/11/2026
(GJHC240848072026)
Bharuch dated 08.10.2026, for the offences punishable under
Section 115(2), 352, 351(3), 54 of the Bharatiya Nyaya Sanhita,
2023 and Section 135 of the Gujarat Police Act at Annexure A,
along with all the further consequential proceedings against the
Petitioner;
B. Pending admission, hearing and final disposal of present
Application/Petition, this Hon'ble Court may be pleased to stay
FIR bearing I-CR No. 11199034260328 of 2026 registered
before Kavi Police Station, Bharuch dated 08.10.2026, for the
offences punishable under Section 115(2), 352, 351(3), 54 of the
Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Gujarat
Police Act at Annexure A, along with all the further
consequential proceedings against the Petitioner;
C. Such other and further reliefs as this Hon'ble Court may deem
fit and proper be granted;
3. Heard learned counsel for the parties.
4. Learned counsel appearing for the petitioner 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 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 petitioner, therefore, the
captioned petition is liable to be dismissed.
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R/SCR.A/15936/2026 JUDGMENT DATED: 05/11/2026
(GJHC240848072026)
6. Having heard the learned advocates appearing for the
respective parties and having gone through the record, it emerges
that the respondent No.2 has filed an affidavit on record, wherein in
Paragraph Nos.1 to 4, he has deposed as under:-
“1.I state that I am the complainant in connection with the FIR
bearing I-CR No. 11199034260328 of 2026 registered before
Kavi Police Station, Bharuch dated 08.10.2026, for the offences
punishable under Section 115(2), 352, 351(3) and 54 of The
Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Gujarat
Police Act. I state that since the FIR relates to a dispute arising
out of dispute over prawn pond and aquaculture activity, that
the deponent has now decided to settle the dispute amicably
with the present petitioner herein, thereby, I am filing the
present affidavit for the said purpose.
“2. I say and submit that I am not interested in proceeding
further with regard to the present petitioner in connection with
the said FIR. I state that if the present FIR against the petitioner
is quashed or the proceedings of the same are terminated, I
have no objection against the same in connection with the said
FIR.
3. I say and submit that I have arrived at an amicable settlement
with the petitioner herein, and therefore, I submit that I would
not like to further proceed regarding the same qua the
petitioner.
4. That the amicable settlement with the petitioner herein has
been reached at without any pressure, threat or coercion, and
that any further proceeding arising out the FIR against the
petitioner would be an abuse of the process of law. I have no
objection if the present FIR and any other proceedings are
quashed or terminated against the present petitioner.”
7. The original complainant–respondent no.2 herein has
appeared through Video Conferencing. He has been identified by
learned advocate for respondent No.2. Upon being asked, he has
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R/SCR.A/15936/2026 JUDGMENT DATED: 05/11/2026
(GJHC240848072026)
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
CR No. I-11199034260328 of 2026 registered with Kavi Police
Station, Bharuch 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
(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
CR No. I-11199034260328 of 2026 registered with Kavi Police
Station, Bharuch, as well as all consequential proceedings arising
therefrom, are hereby quashed and set aside qua the present
petitioner.
(MOOL CHAND TYAGI, J)
SIDDHARTH
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