KANAIYALAL GOMTIVAAL @KANAIYALAL LAXMICHAND VAALA vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/15623/2026 JUDGMENT DATED: 30/10/2026
(GJHC240826432026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15623 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

==========================================================
Approved for Reporting Yes No
==========================================================
KANAIYALAL GOMTIVAAL @KANAIYALAL LAXMICHAND VAALA & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR MANOJKUMAR K JOSHI(10427) for the Applicant(s) No. 1
SUDHANSHU A JHA(8345) for the Applicant(s) No. 1,2,3
MS JIRGA JHAVERI, APP for the Respondent(s) No. 1
==========================================================
CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 30/10/2026

JUDGMENT
1. Issue rule returnable forthwith. Learned APP accepts service of
rule on behalf of respondent no.1 and waives service. Ms. Sangita M.
Chauhan, leaned advocate accepts service of rule on behalf of original
complainant-respondent no.2 and waives service.
2. The captioned petition is filed for quashing the FIR being CR
No.11195035261117/2026 registered at Palanpur Taluka Police Station,
Banaskantha for the offences punishable under Sections 74, 75, 115(2),
137(2), 127(2), 189(2), 190, 191(2), 329(3), 329(3), 351(2), 351(3) of
Page 1 of 5
Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Tue Nov 03 2026 Downloaded on : Tue Nov 03 09:50:35 IST 2026

R/SCR.A/15623/2026 JUDGMENT DATED: 30/10/2026
(GJHC240826432026)
Bhartiya Nyaya Sanhita, 2023 and Sections 8, 12 and 17 of The
Protection of Children from Sexual Offences, 2012, as the case may be,
as well as all consequential proceedings arising therefrom qua the
present petitioners herein.
3. By way of preferring the captioned petition, the petitioners have
prayed for the following prayers, as set out in para 8 hereinbelow:-
“(A) Your Lordships may be pleased to call for the record and proceedings
of FIR No. before the Palanpur Taluka Police Station, District
Banaskantha, under Sec. 74, 75, 115(2), 137(2), 127(2), 189(2), 190,
191(2), 329(3), 351(2), 351(3) of the Bhatiya Nyay Sanhita, 2023 and
under section 8, 12 and 17 of the Protection of Children from Sexual
Offences Act; and after perusing the same, be pleased to quash and set
aside the impugned F.I.R as well as all proceedings arising therefrom; in
the.. interest of justice and equity;
(B) Your Lordships be pleased to stay further proceedings against the
petitioners arising out of FIR No. 11195035261117 / 2026 dated
19.09.2026 before the Palanpur Taluka Police Station, District
Banaskantha, under Sec. 74. 75, 115(2), 137(2), 127(2), 189(2), 190,
191(2), 329(3), 351(2), 351(3) of the Bhatiya Nyay Sanhita, 2023 and
under section 8, 12 and 17 of the Protection of Children from Sexual
Offences Act, pending the admission, hearing and final disposal of this
petition;
(C) Your Lordships be pleased to grant such other and further relief(s) as
may be deemed fit in the interest of justice.”
4. The respondent no.2 i.e. original complainant appeared in
person.
Page 2 of 5
Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Tue Nov 03 2026 Downloaded on : Tue Nov 03 09:50:35 IST 2026

R/SCR.A/15623/2026 JUDGMENT DATED: 30/10/2026
(GJHC240826432026)
5. Heard learned counsels for the parties.
6. Learned counsel for petitioners as well as respondent no.2 jointly
submitted that the matter has been amicably settled, therefore, no
purpose would be served to continue the prosecution. They further
submitted that the original complainant has also filed the affidavit on
record, therefore, they prayed that the FIR may be quashed.
7. Learned APP submitted that considering the seriousness of the
matter, the captioned petition deserves to be rejected.
8. Having considered the submissions of the learned counsels for
the parties and having gone through the record, the matter has been
amicably settled. Further, the original complainant has filed the affidavit
on record. The original complainant in his affidavit at para nos.2, 3 and
4 has deposed as under:-
“2. I say that I have gone through the memo of petition and the facts and
grounds stated in the petition are not disputed by me. At the outset I say
and submit that the disputes and grievances of both the sides have been
amicably settled and I do not wish to prosecute the applicant any further
with respect to the FIR No. 11195035261117 dated 19.09.2026 registered
before the Palanpur Taluka Police Station, Banaskantha, for offence under
Sec. 74, 75, 115(2), 137(2), 127(2), 189(2), 190, 191(2), 329(3), 329(3),
351(2), 351(3), of Bhartiya Nyaya Sanhita (BNS); and Section 8, 12 and 17
The Protection of Children from Sexual Offences, 2012.
3. I say that the applicant and the respondents have no disputes left and
now the grievance is resolved and therefore also, I do not want to
Page 3 of 5
Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Tue Nov 03 2026 Downloaded on : Tue Nov 03 09:50:35 IST 2026

R/SCR.A/15623/2026 JUDGMENT DATED: 30/10/2026
(GJHC240826432026)
prosecute appellant any further for the FIR impugned in the present
petition. I say that there are no disputes left between the parties. I have no
objection, if the FIR is set-aside.
5. In the facts and circumstances as narrated above, I at my free will, wish
and desire am stating on oath that I do not wish to prosecute the appellant
for criminal proceedings as the dispute between us has been amicably
resolved as true facts have been realized. I have no objection if the FIR
No. 11195035261117 dated 19.09.2026 registered before the Palanpur
Taluka Police Station, Banaskantha, for offence under Sec. 74, 75, 115(2),
137(2), 127(2), 189(2), 190, 191(2), 329(3), 329(3), 351(2), 351(3), of
Bhartiya Nyaya Sanhita (BNS); and Section 8, 12 and 17 The Protection of
Children from Sexual Offences, 2012 is quashed and set-aside;”
9. Thus, considering the fact that the matter has been amicably
settled and taking into consideration the decisions rendered in 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 , 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.
10. In the result, the present application is allowed. The FIR being CR
No.11195035261117/2026 registered with Palanpur Taluka Police
Page 4 of 5
Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Tue Nov 03 2026 Downloaded on : Tue Nov 03 09:50:35 IST 2026

R/SCR.A/15623/2026 JUDGMENT DATED: 30/10/2026
(GJHC240826432026)
Station, Dist. Banaskantha, as well as all consequential proceedings
arising therefrom, are hereby quashed and set aside qua the present
petitioners. Direct service is permitted.
11. Registry is directed to accept the vakalatnama of Ms. Sangita M.
Chauhan, leaned advocate for the original complainant.
(MOOL CHAND TYAGI, J)
Harshit
Page 5 of 5
Uploaded by MR.HARSHIT SANCHETI (HCD0070) on Tue Nov 03 2026 Downloaded on : Tue Nov 03 09:50:35 IST 2026