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2026 DIGILAW 84 (GUJ)

Rajendrasinh Kalusinh Zala v. State of Gujarat

2026-02-10

VIMAL K.VYAS

body2026
ORDER : VIMAL K. VYAS, J. 1. Learned advocate Mr.A.B. Parmar appears and submits that he has instructions to appear on behalf of the respondent no.2 – original complainant. Registry shall accept his vakalatnama. 2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants- original accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No.11209049250882 of 2025 registered with the Talod Police Station, District: Sabarkantha, for the offences punishable under Sections 115(2), 117(2), 118(2), 352, 351(2), 54 of the Bharatiya Nyaya Sanhita and under Section 135 of the Gujarat Police Act, as well as all other consequential proceedings arising pursuant thereto. 3. Today, when the matter is called out, the complainant remained present through virtual mode, whereas two victims are personally present before this Court and they have produced their identity proofs as well as the affidavits, which are ordered to be taken on record. In the affidavits filed by the complainant and the victims, they have categorically stated that with the intervention of the friends, family members and community people, the dispute between them and the applicants- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, they do not want to proceed further with the matter qua the present applicants. 4. Considering the issue involved in the present application as well as considering the fact that the dispute has been amicably resolved between the parties, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for final disposal. 5. RULE returnable forthwith. Learned APP Ms.Asmita Patel waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr.A.B.Parmar waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 6. Learned advocate for the applicants-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR as well as all other consequential proceedings may be quashed and set-aside. 7. 6. Learned advocate for the applicants-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR as well as all other consequential proceedings may be quashed and set-aside. 7. The original complainant, who is virtually present and two victims, who are personally present in the Court, have categorically stated before this Court that they have no objection if the application is allowed and the impugned FIR is quashed and set-aside qua the applicants. Thus, it appears from the aforesaid that sending the applicants-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law. 8. The relevant paragraphs of the affidavit filed by the original complainant, namely, Sureshbhai Haribhai Patel, read thus : “1. I am filing this affidavit in connection with the offence registered as FIR No.11209049250882 / 2025 dated 21.12.2025 registered with Talod Police Station, District Sabarkantha for the offences punishable under Sections 115(2), 117(2), 352, 351(2) and 54 of the Bharatiya Nyaya Sanhita and under section 135 of the Gujarat Police Act. Later on dated 23-12- 2025 section 118(2) of the Bharatiya Nyaya Sanhita was added. 2. I state that after the filing of the first information report, the differences between the original petitioners and me are resolved and now no grievance is survived between us and we have amicably settled the dispute. 3. I state that we have been approached by our common friends and well-wishers to solve the differences and settle the grievance amicably. 4. Therefore, I do not want to pursue criminal proceedings being FIR No. 11209049250882 / 2025 dated 21.12.2025 registered with Talod Police Station, District Sabarkantha for the offences punishable under Sections 115(2), 117(2), 352, 351(2), 54 and 118(2) of the Bharatiya Nyaya Sanhita and under section 135 of the Gujarat Police Act against the present petitioners. 5. I state that I have no objection if the criminal proceedings being FIR No. 11209049250882/2025 dated 21.12.2025 registered with Talod Police Station, District Sabarkantha for the offences punishable under Sections 115(2), 117(2), 352, 351(2), 54 and 118(2) of the Bharatiya Nyaya Sanhita and under section 135 of the Gujarat Police Act and all consequential proceedings arising out of it, against the present petitioners are quashed and set aside in the interest of justice. 6. 6. The offences alleged are personal in nature and there is no restriction by any judicial pronouncement against quashing an FIR with all consequential proceedings for such offences. 7. I state that I have fully settled the dispute with the present Petitioners. Compromise has also taken place between the parties. I do not want to pursue the Criminal Proceeding against the present Petitioners. Compromise has also taken place without any pressure. 8. 1 state that I have not settled the dispute under any threat or coercion. The decision is completely taken independently, consciously and after considering all the relevant factors. 9. I state that the compromise/settlement arrived at between me and the present petitioners is reduced into writing, and a copy of the same is annexed herewith as Annexure-A to this affidavit for ready reference.” 9. The relevant paragraphs of the affidavit filed by the victims, namely, Dakshaben Rameshbhai Patel and Dipakkumar Rameshbhai Patel, read thus : “1. I am filing this affidavit in connection with the offence registered as FIR No. 11209049250882 / 2025 dated 21.12.2025 registered with Talod Police Station, District Sabarkantha for the offences punishable under Sections 115(2), 117(2), 352, 351(2) and 54 of the Bharatiya Nyaya Sanhita and under section 135 of the Gujarat Police Act. Later on dated 23- 12-2025 section 118(2) of the Bharatiya Nyaya Sanhita was added. I am the victim as mentioned in the said first information report. 2. I state that after the filing of the first information report, the differences between the original petitioners and me are resolved and now no grievance is survived between us and we have amicably settled the dispute. 3. I state that we have been approached by our common friends and well-wishers to solve the differences and settle the grievance amicably. 4. Therefore, I do not want to pursue criminal proceedings being FIR No. 11209049250882/2025 dated 21.12.2025 registered with Talod Police Station, District Sabarkantha for the offences punishable under Sections 115(2), 117(2), 352, 351(2), 54 and 118(2) of the Bharatiya Nyaya Sanhita and under section 135 of the Gujarat Police Act against the present petitioners. 5. 4. Therefore, I do not want to pursue criminal proceedings being FIR No. 11209049250882/2025 dated 21.12.2025 registered with Talod Police Station, District Sabarkantha for the offences punishable under Sections 115(2), 117(2), 352, 351(2), 54 and 118(2) of the Bharatiya Nyaya Sanhita and under section 135 of the Gujarat Police Act against the present petitioners. 5. I state that I have no objection if the criminal proceedings being FIR No. 11209049250882/2025 dated 21.12.2025 registered with Talod Police Station, District Sabarkantha for the offences punishable under Sections 115(2), 117(2), 352, 351(2), 54 and 118(2) of the Bharatiya Nyaya Sanhita and under section 135 of the Gujarat Police Act and all consequential proceedings arising out of it, against the present petitioners are quashed and set aside in the interest of justice. 6. The offences alleged are personal in nature and there is no restriction by any judicial pronouncement against quashing an FIR with all consequential proceedings for such offences. 7. I state that I have fully settled the dispute with the present Petitioners. Compromise has also taken place between the parties. I do not want to pursue the Criminal Proceeding against the present Petitioners. Compromise has also taken place without any pressure. 8. I state that I have not settled the dispute under any threat or coercion. The decision is completely taken independently, consciously and after considering all the relevant factors. 9. I state that the compromise/settlement arrived at between me and the present petitioners is reduced into writing, and a copy of the same is annexed herewith as Annexure-A to this affidavit for ready reference.” 10. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also taking into consideration the decisions rendered 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) 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) and State of Haryana Vs. Central Bureau of Investigation & Anr. , reported in 2009 (1) 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) and State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604 , it appears that continuing further with the criminal proceedings in relation to the impugned FIR as well as the criminal case against the applicants-accused would be an unnecessary harassment to the applicants-accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and all other consequential proceedings are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023. 11. In the result, the application is allowed. The First Information Report No.11209049250882 of 2025 registered with the Talod Police Station, District: Sabarkantha, for the offences punishable under Sections 115(2), 117(2), 118(2), 352, 351(2), 54 of the Bharatiya Nyaya Sanhita and under Section 135 of the Gujarat Police Act, as well as all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside qua the present applicants only. 12. Applicant No.1, namely, Rajendrasinh Kalusinh Zhala, has been granted regular bail by Coordinate Bench of this Court vide order dated 03.02.2026 passed in Criminal Misc. Application No.630 of 2026. 13. The concerned authority shall release the applicant Nos.2, 3 and 4 forthwith, if they are not required in any other case. 14. Rule made absolute. Direct service is permitted.