01Facts
The petitioners sought quashing of FIR CR No. I-11191028250015 of 2025, registered at Vejalpur Police Station, Ahmedabad, and the proceedings arising from it
¶ 1, 9They submitted that the dispute had been amicably settled and relied on the original complainant’s affidavit stating that the settlement was voluntary and that he had no objection to quashing
¶ 4, 6The complainant appeared before the Court, confirmed the settlement, and reiterated that he had no objection to quashing the FIR and consequential proceedings
¶ 7The State opposed the petition, citing the seriousness of the allegations
¶ 502Issues
i.1. Whether the FIR and consequential proceedings should be quashed in light of the parties’ amicable settlement and the complainant’s consent
¶ 6–8ii.2. Whether continuation of the criminal proceedings would serve a purpose or amount to an abuse of the process of law
¶ 803Law 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, 8Applying the principles in those authorities, the Court considered whether, in view of the settlement and the circumstances of the case, continuing the criminal proceedings would serve the ends of justice or instead amount to an abuse of process
¶ 804Reasoning
The complainant’s affidavit recorded a voluntary settlement and his lack of objection to quashing; his appearance and confirmation before the Court further supported that position
¶ 6–7Although the State opposed quashing on the ground that the allegations were serious, the Court considered the settlement and the cited authorities and concluded that continuing the prosecution would amount to an abuse of process and serve no fruitful purpose
¶ 5, 805Holding
The Court allowed the application and quashed FIR CR No. I-11191028250015 of 2025, registered at Vejalpur Police Station, Ahmedabad, together with all consequential proceedings, qua the petitioners
¶ 9Original Court PDF
SANJAY ISHWARBHAI DESAIvsSTATE OF GUJARAT
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in
