Complainant’s Settlement Leads Gujarat HC To Quash BNS FIR Against Two Petitioners

In brief

The question

Whether the FIR and consequential criminal proceedings could be quashed in exercise of the Court’s powers under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the parties’ settlement

The court held

The Court allowed the petition and quashed FIR Cr. No. 11199004261062 of 2026, the pending criminal case and all consequential proceedings arising from the FIR, insofar as they concerned the petitioners

It also directed

The Rule was made absolute, and direct service was permitted

01Facts

The petitioners sought to quash FIR Cr. No. 11199004261062 of 2026, registered at Ankaleshwar City A Division Police Station under Sections 115(2), 118(1), 126(2), 352, 54 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, and the consequential proceedings

pp. 1–2

The complainant appeared before the Court, confirmed that the dispute had been amicably settled, and stated that he had no objection to quashing; he had also filed an affidavit to that effect

p. 1, 3

The State opposed the petition, submitting that the allegations were serious

p. 3

02Issues

i.Whether the FIR and consequential criminal proceedings could be quashed in exercise of the Court’s powers under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in view of the parties’ settlement

pp. 1–4

ii.Whether continuation of the proceedings, notwithstanding the settlement, would serve the interests of justice or instead amount to unnecessary harassment and an abuse of process

p. 4

03Law Applied

The petition invoked Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as the basis for seeking quashing

p. 1

The Court considered the principles in Gian Singh v. State of Punjab, Madan Mohan Abbot v. State of Punjab, Nikhil Merchant v. Central Bureau of Investigation, Manoj Sharma v. State, Narinder Singh v. State of Punjab and State of Haryana v. Bhajan Lal concerning the High Court’s power to quash criminal proceedings, including where the parties have settled a dispute, to prevent abuse of process and secure the ends of justice

p. 2, 4

The alleged offences were those specified under Sections 115(2), 118(1), 126(2), 352, 54 and 351(3) of the BNS, 2023

p. 2

Provisions in the judgment · 7 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Bharatiya Nyaya Sanhita, 2023 Section 115 Section 118 Section 126 Section 352 Section 54 Section 351

04Reasoning

The complainant’s in-court confirmation and affidavit established that the dispute had been amicably resolved and that he did not oppose quashing

p. 1, 3

Applying the cited authorities, the Court concluded that continuing the proceedings would unnecessarily harass the petitioners, make the trial a futile exercise and amount to an abuse of process. It therefore considered quashing necessary to secure the ends of justice

p. 4