01Facts
The petitioners sought quashing of FIR I-CR No. 11199034260327 of 2026, registered at Kavi Police Station, Bharuch, for offences under Sections 118(1), 115(2), 352, 351(3) and 54 of the Bharatiya Nyaya Sanhita, 2023, and Section 135 of the Gujarat Police Act
p. 1The complainant stated by affidavit that the dispute arose from a disagreement concerning a prawn pond and aquaculture activity, that the parties had settled the matter amicably, and that he had no objection to quashing the FIR against the petitioners
p. 3The complainant confirmed the settlement and his no-objection before the Court by video conference
p. 302Issues
i.1. Whether the FIR and consequential proceedings could be quashed against the petitioners on the basis of the parties’ amicable settlement and the complainant’s consent
¶ 6–8ii.2. Whether continuation of the prosecution in the circumstances would amount to an abuse of the process of law
¶ 803Law Applied
The Court relied on Gian Singh v. State of Punjab, Madan Mohan Abbot v. State of Punjab, Nikhil Merchant v. CBI, Manoj Sharma v. State, Narinder Singh v. State of Punjab and State of Haryana v. Bhajan Lal
¶ 4, 8Applying the settlement and quashing principles reflected in those decisions, the Court considered whether, in light of the nature and circumstances of the dispute, continuing the criminal proceedings would serve a useful purpose or instead amount to an abuse of process.
¶ 4, 8The judgment identified the charged offences as Sections 118(1), 115(2), 352, 351(3) and 54 of the Bharatiya Nyaya Sanhita, 2023, and Section 135 of the Gujarat Police Act
p. 1Provisions in the judgment · 6 · Linked ones open on LawLens
Bharatiya Nyaya Sanhita, 2023 Section 118Section 115Section 352Section 351Section 54
Gujarat Police Act, 1951. Section 135
04Reasoning
The Court considered the complainant’s affidavit and his confirmation in court that the settlement was voluntary and that he did not object to quashing the FIR
¶ 6–7In view of the settlement and the circumstances recorded, the Court concluded that allowing the prosecution to continue would amount to an abuse of the process of law and would serve no fruitful purpose.
¶ 8It therefore found that quashing was warranted to secure the ends of justice
¶ 805Holding
The Court allowed the application and quashed FIR I-CR No. 11199034260327 of 2026, registered at Kavi Police Station, Bharuch, together with all consequential proceedings, qua the petitioners
¶ 9 · p. 4Original Court PDF
HITESHBHAI ISHVARBHAI MORKARvsSTATE OF GUJARAT
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