After Complainant Settles Alleged Forgery Dispute, Gujarat HC Quashes FIR Against Three Petitioners

The petitioners sought quashing under Articles 226 and 227 of the Constitution of the FIR registered at Sector 7 Police Station, Gandhinagar, for offences under Sections 465, 467, 468, 471 and 114 of the IPC, together with the consequential proceedings, including Criminal Case No. 4569/2020.

During the trial, the petitioners and the original complainant reached an amicable settlement.

The complainant filed an affidavit supporting quashing and stated that she had no objection to the proceedings being terminated.

The Court considered its jurisdiction under Articles 226 and 227 of the Constitution to quash criminal proceedings and the offences alleged under Sections 465, 467, 468, 471 and 114 of the IPC.

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 the principles reflected in those authorities, the Court held that where the circumstances justify it, criminal proceedings may be quashed to secure the ends of justice if their continuation would amount to an abuse of process and serve no fruitful purpose.

The complainant had settled the matter with the petitioners, filed an affidavit supporting quashing, and confirmed that her consent was voluntary and free from coercion or undue influence.

Having considered the settlement and the authorities cited, the Court concluded that continuing the prosecution would amount to an abuse of process and would serve no fruitful purpose; quashing was therefore warranted to secure the ends of justice.

The Rule was made absolute to that extent.