01Facts
The petitioners sought quashing of FIR C.R. No. 11191022260607/2026, registered at Isanpur Police Station, Ahmedabad, for offences under Sections 118(2), 189(2), 189(4), 191(2), 191(3), 118(1), 115(2), 296(b), 351(3) and 54 of the BNS, and Section 135(1) of the Gujarat Police Act, together with the consequential proceedings in Criminal Case No. 254001/2026
pp. 1–2 · ¶ 2, 4The petitioners stated that the dispute had been amicably settled. The original complainant appeared, filed an affidavit confirming the settlement, and stated that he had no objection to quashing. The APP opposed the petition, citing the seriousness of the allegations
pp. 2–3 · ¶ 5–6 · p. 3 · ¶ 802Issues
i.1. Whether the FIR and consequential criminal proceedings should be quashed in view of the parties’ settlement and the complainant’s lack of objection
pp. 2–3 · ¶ 4–7ii.2. Whether continuing the prosecution would amount to an abuse of the process of law where the dispute had been settled
p. 3 · ¶ 703Law 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
p. 2 · ¶ 4.1 · p. 3 · ¶ 7Applying these authorities, the Court considered whether, in light of the settlement and the circumstances of the case, continuation of the criminal proceedings would serve a useful purpose or amount to an abuse of process.
pp. 3–4 · ¶ 7, 9The judgment does not identify a specific statutory provision as the source of the quashing power
pp. 3–4 · ¶ 7, 9Provisions in the judgment · 15 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 118Section 189Section 191Section 115Section 296Section 351Section 54
Bharatiya Nyaya Sanhita, 2023 Section 118Section 189Section 191Section 115Section 296Section 351Section 54
Gujarat Police Act, 1951. Section 135
04Reasoning
The Court considered the settlement affidavit and the complainant’s confirmation in person that the dispute was resolved and that he did not wish to pursue the proceedings.
pp. 2–4 · ¶ 5–8Having regard to the cited authorities, the Court concluded that continuing the prosecution would amount to an abuse of process and serve no fruitful purpose. It therefore rejected the APP’s objection based on the seriousness of the allegations in the circumstances of this case
pp. 2–4 · ¶ 5–805Holding
The Court allowed the petition and quashed FIR C.R. No. 11191022260607/2026, registered at Isanpur Police Station, Ahmedabad, and all consequential proceedings arising from it, qua the petitioners
p. 4 · ¶ 9Original Court PDF
MOHAMMAD HUSAINKHAN KAMARMOHAMMAD PATHANvsSTATE OF GUJARAT
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