SUJIT RAMASHRE PASWAN vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/10355/2026 JUDGMENT DATED: 04/11/2026
(GJHC240529522026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 10355 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No
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SUJIT RAMASHRE PASWAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
AMITKUMAR V CHAUDHARY(9553) for the Applicant(s) No. 1
MR. MAULIK M SONI(7249) for the Applicant(s) No. 1
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 04/11/2026

JUDGMENT
1. The Petitioner has preferred the instant petition under Article 14,
226 & 227 of the Constitution of India read with Section 528 of BNSS,
2023, seeking the following reliefs:-
a) YOUR LORDSHIPS MAY be pleased to issue
appropriate Writ, Order or be pleased to quash and
set aside the F.I.R. dated 04.04.2026 being C.R. No.
11993007260420 of 2026 registered before the 'B'
Division Gandhidham Police Station, District: Kutch
for the offences punishable Under Sections 137(2)
and 87 of the Bharatiya Nyaya Sanhita, 2023 and
other Consequential Proceedings arising out of the
same F.I.R. on the basis of amicable settlement
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R/SCR.A/10355/2026 JUDGMENT DATED: 04/11/2026
(GJHC240529522026)
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 the F.I.R. dated
04.04.2026 being C.R. No. 11993007260420 of 2026
registered before the 'B' Division Gandhidham Police
Station, District: Kutch for the offences punishable
Under Sections 137(2) and 87 of the Bharatiya
Nyaya Sanhita, 2023 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 award any
such other and further reliefs as deemed fit
expedient in the interest of justice.
d) YOUR LORDSHIPS MAY be pleased to dispense with
the filing of the Affidavit of the Present Petitioner as
the Petitioner is in Judicial Custody; in the interest of
justice.
2. Issue Rule to the respondents, returnable forthwith. Learned APP
accepts and waives service of Rule on behalf of respondent No.1 –
State. Learned advocate, Sidharth S Thaker accepts and waives service
of Rule on behalf of respondent No.2. He seeks time and is hereby
granted one week’s time from the date of receipt of copy of this order
to file his vakalatnama on behalf of respondent No.2.
3. Heard learned counsel for the parties.
4. Learned counsel for the petitioners submitted that F.I.R. being
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R/SCR.A/10355/2026 JUDGMENT DATED: 04/11/2026
(GJHC240529522026)
C.R. No. 11993007260420 of 2026 came to be registered before the 'B'
Division Gandhidham Police Station, District: Kutch for the offences
punishable Under Sections 137(2) and 87 of the Bharatiya Nyaya
Sanhita, 2023. He submitted that the matter has now been amicably
settled between the parties. In such circumstances, he prayed that the
FIR as well as all consequential proceedings arising therefrom qua the
present petitioners be quashed and set aside. In support of his
contentions, he has relied upon the judgments of the Hon’ble Apex
Court 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) as well as State of Haryana
Vs. Bhajanlal reported in AIR 1992 SC 604.
5. In response, learned counsel appearing on behalf of respondent
No.2/original complainant submitted that the matter has now been
amicably settled. In view thereof, he submitted that he has no
objections if the impugned FIR as well as all consequential proceedings
arising therefrom qua the present petitioner is quashed and set aside.
6. Per contra, learned APP appearing for respondent No.1 – State
vehemently argued that serious allegations has been levelled against
the petitioner herein, as such contended that the captioned petition is
liable to be rejected.
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R/SCR.A/10355/2026 JUDGMENT DATED: 04/11/2026
(GJHC240529522026)
7. Having considered the submissions of the learned counsels for
the parties and having gone through the records, it appears that F.I.R.
being C.R. No. 11993007260420 of 2026 came to be registered before
the 'B' Division Gandhidham Police Station, District: Kutch for the
offences punishable Under Sections 137(2) and 87 of the Bharatiya
Nyaya Sanhita, 2023 and criminal proceedings were initiated. During
the course of investigation, Sections 64(2)(m), 65(1) of BNSS and
Sections 4 & of POCSO Act were also added. It also emerges from order
sheet dated 29.10.2026 that the victim and her parents were present
before this court. They stated that the matter has been amicably settled
and they do not wish to proceed with this matter. The mother and
father of the victim have also placed their respective affidavits on
record. Para Nos.4 & 5 of both the affidavits reads thus:-
“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
Petitioner in respect of prosecution initiated
against the Petitioner 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
Petitioner.
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R/SCR.A/10355/2026 JUDGMENT DATED: 04/11/2026
(GJHC240529522026)
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 Petitioner as the dispute
between us has been amicably settled. I state that
F.I.R. dated 04.04.2026 being C.R.
No.11993007260420 of 2026 registered before the
'B' Division Gandhidham Police Station, District:
Kutch for the offences punishable Under Sections
137(2) and 87 of the Bharatiya Nyaya Sanhita,
2023 and Other Consequential Proceedings arising
out of the same F.I.R. on the basis of amicable
settlement between the Parties for the Present
Petitioner may kindly be quashed.”
9. Thus, in view of the afore affidavits and also taking into
consideration the decisions rendered in the cases of Gian Singh
(supra), Madan Mohan Abbot (supra), Nikhil Merchant (supra),
Manoj Sharma (supra), Narinder Singh (supra) as well as
Bhajanlal (supra), I am of the view that continuing further with the
criminal proceedings in relation to the impugned FIR against the
petitioner would be an unnecessary harassment to the petitioner.
Further trial would be a futile exercise and continuing with the criminal
proceedings pursuant to the impugned FIR and the Criminal Case would
amount to abuse of process of law. Hence, to secure the ends of
justice, the impugned FIR as well as the proceedings of the Criminal
Case, and all other consequential proceedings arising therefrom are
required to be quashed and set aside.
10. Thus, considering the overall submissions and the fact that the
parties have amicably settled the dispute, present petition stands
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R/SCR.A/10355/2026 JUDGMENT DATED: 04/11/2026
(GJHC240529522026)
allowed. As such, the impugned F.I.R. being No. 11993007260420 of
2026 and subsequent criminal proceedings, as well as all consequential
proceedings arising therefrom qua the present petitioner is hereby
quashed and set aside.
11. Direct service is permitted. Rule is made absolute accordingly.
(MOOL CHAND TYAGI, J)
ARUN
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