SANJAY ISHWARBHAI DESAI vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/7608/2025 JUDGMENT DATED: 30/10/2026
(GJHC240382222025)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
7608 of 2025

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

==========================================================
Approved for Reporting Yes No
==========================================================
SANJAY ISHWARBHAI DESAI & ANR.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR ASHISH M DAGLI(2203) for the Applicant(s) No. 1,2
MR ANIL H RATHOD(9691) for the Respondent(s) No. 2
MS SOAHAM JOSHI, APP for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 30/10/2026

ORAL JUDGMENT
1. By way of preferring the captioned petition, the
petitioners have prayed for the following prayers, as set out in
para 14 herein below:-
“(A) This Hon'ble Court may be please to admit this Special
Criminal Application;
(B) That this Hon'ble court may be pleased to allow this present
Page 1 of 5
Uploaded by GIRISH K PARMAR(HC00954) on Wed Nov 04 2026 Downloaded on : Fri Nov 06 01:00:39 IST 2026

R/SCR.A/7608/2025 JUDGMENT DATED: 30/10/2026
(GJHC240382222025)
Special Criminal Application by quashing and setting aside the
F.I.R filed at Annexure-A registered with Vejalpur Police Station,
Ahmadabad as CR no. I-11191028250015 of 2025 and also be
pleased to quash the further proceeding arising thereof qua
Petitioners interest of justice;;
(C) Pending admission, hearing and till final disposal of this
petition, the execution, implementation and further operation of
F.I.R. filed by respondent no.2 being CR. No. I-11191028250015
of 2025 registered before Vejalpur Police Station, Ahmadabad
may kindly be ordered to be stayed qua the Petitioners in the
interest of justice;
(D) This Hon'ble Court be pleased to kindly grant any such other
and further order(s) or relief(s) as deemed just and proper in
interest of justice.”
2. ISSUE RULE returnable forthwith. Learned APP accepts
and waives service of rule for the respondent-State. Mr.Anil
Rathod, learned advocate accepts and waives service of Rule
for the respondent no.2.
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
Page 2 of 5
Uploaded by GIRISH K PARMAR(HC00954) on Wed Nov 04 2026 Downloaded on : Fri Nov 06 01:00:39 IST 2026

R/SCR.A/7608/2025 JUDGMENT DATED: 30/10/2026
(GJHC240382222025)
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.
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 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
Page 3 of 5
Uploaded by GIRISH K PARMAR(HC00954) on Wed Nov 04 2026 Downloaded on : Fri Nov 06 01:00:39 IST 2026

R/SCR.A/7608/2025 JUDGMENT DATED: 30/10/2026
(GJHC240382222025)
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 CR no. I-11191028250015 of 2025 registered with
Vejalpur Police Station, Ahmedabad 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
Page 4 of 5
Uploaded by GIRISH K PARMAR(HC00954) on Wed Nov 04 2026 Downloaded on : Fri Nov 06 01:00:39 IST 2026

R/SCR.A/7608/2025 JUDGMENT DATED: 30/10/2026
(GJHC240382222025)
be quashed and set aside.
9. In the result, the present application is allowed. The FIR
being CR no. I-11191028250015 of 2025 registered with
Vejalpur Police Station, Ahmedabad, as well as all
consequential proceedings arising therefrom, are hereby
quashed and set aside qua the present petitioner.
(MOOL CHAND TYAGI, J)
GIRISH
Page 5 of 5
Uploaded by GIRISH K PARMAR(HC00954) on Wed Nov 04 2026 Downloaded on : Fri Nov 06 01:00:39 IST 2026