Gujarat High CourtCriminal Procedure and EvidenceCriminal Law

After Complainant Confirms Settlement, Gujarat HC Quashes FIR And Orders Petitioners Released If Not Needed In Another Matter

PRITAM KAILASHNARAYAN MATADIN GOHILv.STATE OF GUJARAT

After Complainant Confirms Settlement, Gujarat HC Quashes FIR And Orders Petitioners Released If Not Needed In Another Matter. PRITAM KAILASHNARAYAN MATADIN GOHIL vs STATE OF GUJARAT. Gujarat High Court. LawLens
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In brief

The question

Whether the FIR and consequential proceedings should be quashed in light of the parties’ amicable settlement and the complainant’s consent.

The court held

The Court allowed the application and quashed FIR C.R. No. 11191037261819 of 2026, registered with Odhav Police Station, Ahmedabad City, and all consequential proceedings qua the petitioners.

It also directed

As the petitioners were in judicial custody, the Court directed their release forthwith unless they were required in another matter.

01Facts

The petitioners sought quashing of FIR C.R. No. 11191037261819 of 2026, registered with Odhav Police Station, Ahmedabad City, and the consequential proceedings, stating that the dispute had been amicably settled with the original complainant.

¶ 1 · ¶ 4

The complainant filed an affidavit stating that the settlement was voluntary and that he had no objection to quashing; he also appeared before the Court and confirmed the settlement.

¶ 6 · ¶ 7

The State opposed the petition, submitting that serious allegations had been made.

¶ 5

The petitioners were in judicial custody when the matter was decided.

¶ 10

02Issues

i.Whether the FIR and consequential proceedings should be quashed in light of the parties’ amicable settlement and the complainant’s consent.

¶ 6 · ¶ 8

ii.Whether the petitioners should be released from judicial custody following the quashing order.

¶ 10

03Law Applied

The Court relied on Gian Singh v. State of Punjab, (2012) 10 SCC 303; Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582; Nikhil Merchant v. CBI, 2009 (1) GLH 31; Manoj Sharma v. State, 2009 (1) GLH 190; Narinder Singh v. State of Punjab, (2014) 6 SCC 466; and State of Haryana v. Bhajan Lal, AIR 1992 SC 604.

¶ 4 · ¶ 8

Applying the principles in those decisions, the Court considered whether, in view of the settlement and circumstances of the case, continuing the criminal proceedings would amount to an abuse of process and whether quashing was necessary to secure the ends of justice.

¶ 8

04Reasoning

The complainant’s affidavit and in-court statement confirmed that the settlement was voluntary and that he did not object to quashing the FIR.

¶ 6 · ¶ 7

Having considered the settlement, the submissions—including the State’s objection based on the seriousness of the allegations—and the cited authorities, the Court concluded that continuing the prosecution would constitute an abuse of process and serve no fruitful purpose.

¶ 5 · ¶ 8

05Holding

The Court allowed the application and quashed FIR C.R. No. 11191037261819 of 2026, registered with Odhav Police Station, Ahmedabad City, and all consequential proceedings qua the petitioners.

¶ 9

As the petitioners were in judicial custody, the Court directed their release forthwith unless they were required in another matter.

¶ 10
Gujarat High Court

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PRITAM KAILASHNARAYAN MATADIN GOHILvsSTATE OF GUJARAT

Gujarat High Court · November 05, 2026

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