01Facts
Respondent No. 2 lodged FIR C.R. No. 11191022260489/2026 at Isanpur Police Station, Ahmedabad, against the petitioners. The FIR alleged offences under Sections 115(2), 118(1) and 54 of the Bharatiya Nyaya Sanhita and Section 135(1) of the Gujarat Police Act.
p. 4 · ¶ 8The petitioners sought quashing of the FIR and consequential proceedings, including Criminal Case No. 265539/2026, on the ground that the parties had settled their dispute.
p. 1 · ¶ 2 · p. 2 · ¶ 4The complainant appeared, confirmed the settlement, filed an affidavit of no objection, and stated that he did not wish to pursue the proceedings.
p. 3 · ¶ 5, 8The State opposed the petition, asserting that the allegations were serious.
p. 3 · ¶ 602Issues
i.1. Whether the FIR and consequential criminal proceedings should be quashed following the parties’ settlement and the complainant’s no-objection.
p. 3 · ¶ 5–7ii.2. Whether continuation of the prosecution, notwithstanding the State’s objection, would amount to an abuse of the process of law.
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 the principles reflected in those 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 instead amount to abuse of process, and whether quashing was necessary to secure the ends of justice.
p. 3 · ¶ 7Provisions in the judgment · 6 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 115Section 118Section 54
Bharatiya Nyaya Sanhita, 2023 Section 115Section 118Section 54
04Reasoning
The complainant’s affidavit and his statement before the Court established that the dispute had been amicably resolved and that he did not object to quashing.
p. 3 · ¶ 5, 8Having considered the cited authorities and the circumstances of the case, the Court concluded that continuing the prosecution would amount to an abuse of process and would serve no fruitful purpose.
p. 3 · ¶ 7It therefore granted relief despite the State’s opposition based on the seriousness of the allegations.
p. 3 · ¶ 6–705Holding
The Court allowed the application and quashed FIR C.R. No. 11191022260489/2026, registered at Isanpur Police Station, Ahmedabad, together with all consequential proceedings, qua the petitioners.
p. 4 · ¶ 7Original Court PDF
ZAFARBHAI NURUBHAI GHOGHARIvsSTATE OF GUJARAT
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