ASHOKBHAI JIVRAJBHAI SAVANI v. STATE OF GUJARAT
Court: High Court of Gujarat
Bench: HONOURABLE MR. JUSTICE M. R. MENGDEY
Judgment date:
Case summary
High Court of Gujarat judgment dated 2026-02-09. ASHOKBHAI JIVRAJBHAI SAVANI v. STATE OF GUJARAT. Read the judgment and case details on LawSphereX.
Judgment text
R/SCR. A/1860/2026 ORDER DATED: 09/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 1860 of 2026 With CRIMINAL MISC. APPLICATION (FOR JOINING PARTY) NO. 1 of 2026 In R/SPECIAL CRIMINAL APPLICATION NO. 1860 of 2026 ========================================================== ASHOKBHAI JIVRAJBHAI SAVANI & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR. NANDISH H THACKAR(7008) for the Applicant(s) No. 1,2,3 MR ROHAN SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 09/02/2026 ORAL ORDER Order in Criminal Misc. Application No. 1 of 2026 Criminal Misc. Application No. 1 of 2026 stands allowed. The applicants are ordered to be included in the main petition as the heirs are legal representative of the original complainant Order in Special Criminal Application No. 1860 of 2026 1.
Present application is preferred by the Petitioner under Section 482 of the Code of Criminal Procedure, seeking quashing of FIR No. I- 30 of 2010 registered with Chowk Bazaar Police Station, Surat for the offences punishable under Sections 406, 420, 467, 468, 471, 504, 506(2), 114, 120(B), 34 of IPC. 2. Heard learned Advocate for the Applicant and learned APP for the Respondent – State. R/SCR. A/1860/2026 ORDER DATED: 09/02/2026 3. Rule. Learned APP waives service of notice for and on behalf of the respondent – State. 4. Learned Advocate for the Petitioner has submitted that there is no antecedents against the petitioner and the matter has been amicably settled between the parties and they are now not willing to proceed with the complaint any further. 5. Learned Advocate Mr. Karan V. Vyas appearing on behalf of Respondent No. 2 (Original Complainant), who is present before this Court, has placed on record duly sworn in Affidavit dated 16. 12. 2025.
The same is ordered to be taken on record. Learned Advocate has submitted that matter has been amicably settled between the parties and there is no objection if present application is allowed. The affidavit reads thus: “2. 1sayandsubmitthatLt. MaganbhaiMangubhaiPtl passedawayon17/10/2023,leavingbehindfollowinglegalhirs (1)Revaben w/o MaganbhaiMangubhaiPatel,(2)Navinb i MaganbhaiPatel,(3)AshokbhaiMaganbhaiPatel,(4)Ushaben / oMaganbhaiMangubhaiPatel,(5)BalvantbhaiMaganbhaiPtl and (6)Parvatiben aliasPinaben d/o MaganbhaiMangub i Patel. That,thelegalheirsofMaganbhaiMangubhaiPatelr alsovictimsintheaforementionedcomplaint. 3. Isayandsubmitthatnow,thereisacompromiseenteredinto betweenthepartiesonaccountofinterventionofelderlypeoplo boththeparties. Itissubmittedthatthepartieshaveenteredinto settlementandaccordingly,theconsentterms/deedofcompromis wassubmitteddulysignedbythepetitionersandthedeponents beforetheLearned14thAdd. DistrictJudge,SuratinRegulr CivilAppealNo.
18 of2022,wherein the petitioners hv consented to declarethesaledeedsdated 30. 04. 2008bearin R/SCR. A/1860/2026 ORDER DATED: 09/02/2026 RegistrationNo. 8402inBookNo. 1ofSub-RegistrarSurat-4 (Katargam)bedeclarednullandvoidandthedeponentshv returnedtheamountinvestedbythepetitioneralongwithinterst asperthetermsofdeedofcompromiseaswellasthecourtdecr dated24. 12. 2021(inSpecialCivilSuitNo. 88of2011),andt RegularAppealNo. 18of2022ispendingtodisposedofon 13. 12. 2025,beingthedateofNationalLokAdalat. " 6. Considering averments made in the Affidavit as also the submissions made by the learned Advocates for the respective parties, the present Application deserves to be allowed and is hereby allowed. The FIR being CR No. I- 30 of 2010 registered with Chowk Bazaar Police Station, Surat is hereby quashed and set aside. Rule is made absolute. (M. R. MENGDEY,J) SAKSHI MAURYA Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SAKSHI MAURYA(HC02367), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 11/02/2026 15:07:39
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