Gujarat High CourtCivil Procedure and EvidenceCriminal Law

After Complainant Settles Dispute, Gujarat HC Quashes Ahmedabad FIR and Criminal Case Against Five Accused

MOHAMMAD HUSAINKHAN KAMARMOHAMMAD PATHANv.STATE OF GUJARAT

After Complainant Settles Dispute, Gujarat HC Quashes Ahmedabad FIR and Criminal Case Against Five Accused. MOHAMMAD HUSAINKHAN KAMARMOHAMMAD PATHAN vs STATE OF GUJARAT. Gujarat High Court. LawLens
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In brief

The question

1. Whether the FIR and consequential criminal proceedings should be quashed in view of the parties’ settlement and the complainant’s lack of objection

The court held

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

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, 4

The 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 · ¶ 8

02Issues

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 · ¶ 4–7

ii.2. Whether continuing the prosecution would amount to an abuse of the process of law where the dispute had been settled

p. 3 · ¶ 7

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

p. 2 · ¶ 4.1 · p. 3 · ¶ 7

Applying 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, 9

The judgment does not identify a specific statutory provision as the source of the quashing power

pp. 3–4 · ¶ 7, 9

Provisions 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 · ¶ 5–8

Having 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 · ¶ 5–8

05Holding

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 · ¶ 9
Gujarat High Court

Original Court PDF

MOHAMMAD HUSAINKHAN KAMARMOHAMMAD PATHANvsSTATE OF GUJARAT

Gujarat High Court · November 05, 2026

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