After Complainant Settles With Five Accused, Gujarat HC Quashes Jamnagar BNS FIR Despite State’s Opposition

The petitioners sought quashing of an FIR registered at City “B” Division Police Station, Jamnagar, for offences under Sections 61, 115(2), 119(1), 127(7), 140(2), 142, 308(5), 351(3) and 353 of the Bharatiya Nyaya Sanhita, 2023.

A charge-sheet had been filed.

During the petition, the complainant affirmed that the parties had amicably settled their dispute and supported quashing the proceedings.

The State opposed the petition, citing the seriousness of the allegations, the petitioners’ alleged antecedents and the likelihood of conviction.

The petitioners disputed the relevance of the antecedents and relied on the settlement.

The Court relied on the principles governing quashing of criminal proceedings following settlement, citing 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.

Under the settlement-based quashing principles reflected in those authorities, the Court may quash proceedings where, in the circumstances, continuation would constitute an abuse of process and quashing would secure the ends of justice.

The alleged offences were under the BNS provisions listed above.

The Court considered the complainant’s affidavit and the parties’ confirmation that the dispute had been amicably resolved.

Although the State opposed quashing on the grounds of seriousness and alleged antecedents, the Court concluded that continuing the prosecution would serve no fruitful purpose and would amount to an abuse of process.

It relied on the cited settlement-quashing authorities and the circumstances of the case in reaching that conclusion.

The Rule was made absolute to that extent, and direct service was permitted.