After Complainant Says Loss Repaid And Dispute Settled, Gujarat HC Quashes Bhavnagar FIR Against Two Accused

The petitioners sought quashing of FIR C.R. No. 11198068260449/2026, registered at Bharatnagar Police Station, Bhavnagar, for offences under Sections 316(2), 316(4), 316(5), 318(2), 336(2), 336(3), 338, 340, 344, 3(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023, and consequential proceedings

The complainant appeared in person and filed an affidavit stating that the dispute had been amicably settled, the alleged loss had been paid, and he did not object to quashing; the affidavit also referred to assurances concerning future interference with his business and reputation

The State opposed the petition on the ground of the seriousness of the matter

The Court considered the offences alleged under Sections 316(2), 316(4), 316(5), 318(2), 336(2), 336(3), 338, 340, 344, 3(5) and 61(2) of the Bharatiya Nyaya Sanhita, 2023

In addressing quashing on settlement, it 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

Applying those authorities, the Court held that where the circumstances make continuation of the prosecution an abuse of process and no fruitful purpose would be served, quashing may be warranted to secure the ends of justice

The Court accepted the complainant’s affidavit and the parties’ joint submission that the dispute had been settled, noting that the alleged loss had been paid and the complainant did not wish to proceed

Although the APP opposed quashing because of the seriousness of the matter, the Court concluded, having regard to the settlement and the cited authorities, that continuing the prosecution would amount to an abuse of process and serve no fruitful purpose

Direct service was permitted, and the Registry was directed to accept the complainant’s advocate’s vakalatnama