KETAN KANUBHAI PARMAR vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/16045/2026 JUDGMENT DATED: 06/11/2026
(GJHC240858842026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
16045 of 2026

FOR APPROVAL AND SIGNATURE:

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
===============================================================

Approved for Reporting Yes No
===============================================================
KETAN KANUBHAI PARMAR
Versus
STATE OF GUJARAT & ANR.
===============================================================
Appearance:
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MS. JYOTI BHATT, APP, for the Respondent(s) No. 1
MR. SIDDHARTH THAKER, for the Respondent No.2
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 06/11/2026
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. Siddharth
Thaker 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. YOUR LORDSHIPS MAY be pleased to issue appropriate Writ,
Order or be pleased to quash and set aside F.I.R. dated
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R/SCR.A/16045/2026 JUDGMENT DATED: 06/11/2026
(GJHC240858842026)
28.05.2026 being C.R. No. 11216011260259 of 2026 filed
before the Infocity Police Station, District: Gandhinagar for the
offences punishable Under Sections 64(1), 352 and 351(3) of the
Bharatiya Nyaya Sanhita, 2023 (at ANNEXURE "A") as well as
Quashing of the Charge Sheet and Criminal Case No. 5926 of
2026 which filed before Ld. 7th Additional Chief Judicial
Magistrate, Gandhinagar, District: Gandhinagar; wherein the
Criminal Case was committed into Sessions Case and the
Committal Order was passed; but till was at date the Sessions
Case was not registered (at ANNEXURE "B") and Other
Consequential Proceedings arising out of the same F.I.R. on the
basis of amicable settlement between the Parties in the interest
of Justice;
B. YOUR LORDSHIPS MAY be pleased to pass appropriate
order and be pleased to Stay further Proceedings in connection
with Charge Sheet and Criminal Case No. 5926 of 2026 which
was filed before Ld. 7th Additional Chief Judicial Magistrate, at
Gandhinagar, District: Gandhinagar; wherein the Criminal Case
was committed into Sessions Case and the Committal Order was
passed; but till date the Sessions Case was not registered (at
ANNEXURE "B") and Other Consequential Proceedings arising
out of the same F.I.R. on the basis of amicable settlement
between the Parties in the interest of Justice;
C. YOUR LORDSHIPS MAY be pleased to dispense with the Filing
of the Affidavit of the Petitioner, as the Petitioner in Judicial
Custody, in the interest of Justice;
D. YOUR LORDSHIPS MAY be pleased to award any such other
and further reliefs as deemed fit expedient in the interest of
justice.
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
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R/SCR.A/16045/2026 JUDGMENT DATED: 06/11/2026
(GJHC240858842026)
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.
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.2 to 5, she has deposed as under:-
“2. I say that I have gone through the memo of Petition and
the facts and grounds stated in the memo of 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 petitioners any further with
respect to the F.I.R. dated 28.05.2026 being C.R. No.
11216011260259 of 2026 filed before the Infocity Police
Station, District: Gandhinagar for the offences punishable Under
Sections 64(1), 352 and 351(3) of the Bharatiya Nyaya Sanhita,
2023 as well as Quashing of the Charge Sheet and Criminal Case
No. 5926 of 2026 which was filed before Ld. 7th Additional
Chief Judicial Magistrate, at Gandhinagar, District:
Gandhinagar; wherein the Criminal Case was committed into
Sessions Case and the Committal Order was passed; but till date
the Sessions Case was not registered and Other Consequential
Proceedings arising out of the same F.I.R. on the basis of
amicable settlement between us.
3. I say that the there was no enmity between myself and the
present petitioners. I say that I have settled the dispute with
them and I do not wish to rather prosecute the FIR against
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R/SCR.A/16045/2026 JUDGMENT DATED: 06/11/2026
(GJHC240858842026)
petitioners because both family members realized their mistake.
4. I say that after registration of the impugned F.I.R., a meeting
took place between my family and me members in presence of
common friends and well-wishers and the misunderstanding
between us got cleared. Accordingly, the matter has been
resolved and an amicable settlement has been arrived at
between the parties so as to maintain harmony, peaceful and
healthy personal relationships in future. In view of amicable
settlement, I have also agreed to support the petitioners in
respect of prosecution initiated against the petitioners on the
basis of impugned FIR and as per the mutual understanding and
settlement, I have agreed to give consent for quashing of
impugned FIR and other proceedings, Thus, I do not want to
prosecute the impugned FIR and other proceedings against the
Present Petitioners.
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 criminal proceedings with petitioners as the
dispute between us has been amicably settled. I state that F.I.R.
dated 28.05.2026 being C.R. No. 11216011260259 of 2026 filed
before the Infocity Police Station, District: Gandhinagar for the
offences punishable Under Sections 64(1), 352 and 351(3) of the
Bharatiya Nyaya Sanhita, 2023 as well as Quashing of the
Charge Sheet and Criminal Case No. 5926 of 2026 which was
filed before Ld. 7th Additional Chief Judicial Magistrate, at
Gandhinagar, District: Gandhinagar; wherein the Criminal Case
was committed into Sessions Case and the Committal Order was
passed; but till date the Sessions Case was not registered and
Other Consequential Proceedings arising out of the same F.I.R.
on the basis of amicable settlement between the Parties for the
Present Petitioners may kindly be quashed.”
7. The original complainant–respondent no.2 herein is present in
person before the Court. She has been identified by learned
advocate for respondent No.2. Upon being asked, she has stated
before the Court that she got married somewhere else and is
settled in her life. She further stated that the matter has been
amicably settled between the parties and that she has no objection,
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R/SCR.A/16045/2026 JUDGMENT DATED: 06/11/2026
(GJHC240858842026)
if the F.I.R. being CR No. I-11216011260259 of 2026 registered with
Infocity Police Station, Gandhinagar 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-11216011260259 of 2026 registered with Infocity Police
Station, Gandhinagar, 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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