NAZABALIKHAN @ RAIYANKHAN NAZARKHAN vs STATE OF GUJARAT

R/SCR.A/15780/2026 JUDGMENT DATED: 06/11/2026
(GJHC240828592026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
15780 of 2026
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NAZABALIKHAN @ RAIYANKHAN NAZARKHAN
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. JARJEESKHAN(7235) for the Applicant(s) No. 1
MR UTKARSH SHARMA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE J. C. DOSHI

Date : 06/11/2026

JUDGMENT
Learned advocate Mr. UM Kharadi states at bar that he
has instructions to appear for the respondent complainant and
he shall file Vakalatnama in due course. Registry to accept
the same.
Rule. Learned APP waives service of rule for the
respondent State and learned advocate Mr. Kharadi waives for
the complainant .
1. Considering the facts and circumstances of the case and
since it is jointly stated at the bar by learned advocates on
both the sides that the dispute between the parties has been
resolved amicably , this matter is taken up for final disposal
forthwith.
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R/SCR.A/15780/2026 JUDGMENT DATED: 06/11/2026
(GJHC240828592026)
2. By way of this application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner haS
prayed to quash and set aside the FIR being
C.R.No.11196017260601 registered with Panigate Police
Station for the offences under Sections 64(1) and 351(2) of
the BNS and all the consequential proceedings arising
therefrom.
3. Learned advocates for both the parties state that in view
of settlement entered into between both the parties, present
FIR may be quashed, as the complainant do not wish to
prosecute the FIR any further. Said settlement deed is taken
on record. The complainant is present in the Court personally
and states that she does not want to continue with the FIR
and she has no objection if the FIR is quashed. The parents of
the complainant i.e. Shamshad Ahmed Khan and Shagufta
Khan are also present and they have no objection, if the
impugned FIR is quashed. The complainant is identified by her
advocate. She has categorically stated in the affidavit that
she does not want to proceed further in the matter. Relevant
paras of the affidavit reads as under:-
“2. I am the complainant in the aforementioned FIR , I
and applicant who is uncle’s (mama) son fall in love
with each other and it is family issue we already
settled due to intervention of the our family relatives
and elder of the family.
3. I and the applicant herein have amicably settled
matter due to the intervention of the elderly persons
and elderly people of the society we have already
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R/SCR.A/15780/2026 JUDGMENT DATED: 06/11/2026
(GJHC240828592026)
settle the issue now and I do not want to carry on this
complaint any further against the present applicant
and settlement, compromise arrived between both
the parties without any force and pressure with my
free will and wish.
4. In such circumstances, I have no objection if the
FIR being 11196017260601 of 2026 dated
19.10.2026 for the offences punishable under
Sections 64(1) and 351(2) of the BNS, 2023 have
been added by the Panigate Police Station, Vadodara
City, will quashed and set aside by this Honouirable
Court. I do not have any problem as compromised
arrived between both parties and it may be quashed
and set aside qua the present applicant in the interest
of justice.”
4. Having heard the learned advocates appearing for the
respective parties and considering the facts and
circumstances of the case, settlement affidavit as also 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 , in opinion of this Court, since parties have buried their
dispute, the dispute which is already buried need not to be
allowed to roll further. Hence, to secure the ends of justice, it
would be appropriate to quash and set aside the impugned
FIR and all consequential proceedings initiated in pursuance
thereof under Section 528 of the BNSS.
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R/SCR.A/15780/2026 JUDGMENT DATED: 06/11/2026
(GJHC240828592026)
5. In the result, the application is allowed. The impugned
FIR being C.R.No.11196017260601 registered with
Panigate Police Station, Vadodara as well as all
consequential proceedings initiated in pursuance thereof are
hereby quashed and set aside qua the petitioner Nazabalikhan
@ Raiyankhan Nazarkhan.
6. Since the petitioner accused is in jail, the concerned jail
authority is directed to release the accused forthwith, if not
required in any other case.
Direct service is permitted today.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
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