01Facts
The petitioners sought quashing of FIR CR No. 11203012260434/2026, registered at Chorwad Police Station for offences under Sections 5, 33 and 42 of the Gujarat Money Lenders Act and Section 3(5) of the Bharatiya Nyaya Sanhita (BNS)
p. 1The complainant filed an affidavit stating that the dispute was private, that he had repaid the principal sum of ₹15,000, and that the parties had settled their differences and he had no objection to quashing the FIR
p. 3The State opposed the petition, relying on the seriousness of the allegations
p. 202Issues
i.1. Whether the FIR and consequential proceedings should be quashed in light of the complainant’s affidavit confirming an amicable settlement and no objection to quashing
pp. 2–3ii.2. Whether continuation of the prosecution, despite the settlement, would serve a purpose or amount to an abuse of the process of law
p. 303Law Applied
The Court considered the offences alleged under Sections 5, 33 and 42 of the Gujarat Money Lenders Act and Section 3(5) of the BNS
p. 1It relied on Gian Singh v. State of Punjab, Rajesh Natwarlal Agrawal v. State of Gujarat, Madan Mohan Abbot v. State of Punjab, Nikhil Merchant v. CBI, Manoj Sharma v. State, Narinder Singh v. State of Punjab and State of Haryana v. Bhajan Lal
p. 3Applying the settlement-quashing principles cited in those decisions, the Court treated an amicable settlement in a private dispute, together with the complainant’s no-objection affidavit, as grounds to quash proceedings where their continuation would amount to an abuse of process and quashing would secure the ends of justice
p. 3Provisions in the judgment · 1 · Linked ones open on LawLens
Bharatiya Nyaya Sanhita, 2023 Section 3
04Reasoning
The Court considered the complainant’s affidavit confirming repayment of the principal amount, settlement of the dispute and consent to quashing
p. 3Although the State objected on grounds of seriousness, the Court found that the dispute had been amicably resolved and that continuing the prosecution would serve no fruitful purpose and would amount to an abuse of process
pp. 2–3Relying on the cited authorities, it concluded that quashing was appropriate to secure the ends of justice
p. 305Holding
The Court allowed the petition
p. 4quashed FIR CR No. 11203012260434/2026, registered at Chorwad Police Station, Junagadh, together with all consequential proceedings, insofar as they concerned the petitioners.
p. 4Original Court PDF
ASHOKBHAI KARABHAI BHARDAvsSTATE OF GUJARAT
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