Gujarat HC Quashes Attempt-to-Murder Case After Father-in-Law Settles With Son-in-Law and His Friends

In brief

The question

Whether the High Court should exercise its inherent jurisdiction under Section 528 of the BNSS to quash the FIR and consequential proceedings because the complainant and petitioners had amicably settled the dispute.

The court held

The Court allowed the application and quashed the FIR, C.R. No. 11191026220476 of 2022, registered with Kalupur Police Station, Ahmedabad City, and all consequential proceedings arising from it, qua the petitioners.

01Facts

The petitioners sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, of an FIR registered at Kalupur Police Station and the resulting proceedings in Sessions Case No. 241 of 2023.

¶ 1, 6

The proceedings concerned offences under Sections 307, 323 and 114 of the Indian Penal Code, 1860, and Section 135(1) of the Gujarat Police Act.

¶ 1, 6

The complainant filed an affidavit stating that the parties had settled their dispute, which he characterised as personal, and confirmed in Court that he had no objection to quashing.

¶ 6–7

The State opposed the petition, relying on the seriousness of the allegations.

¶ 5

02Issues

i.Whether the High Court should exercise its inherent jurisdiction under Section 528 of the BNSS to quash the FIR and consequential proceedings because the complainant and petitioners had amicably settled the dispute.

¶ 1, 6–8

ii.Whether, in light of the offences alleged—including an offence under Section 307 IPC—and the State’s objection, continuation of the prosecution would serve a legitimate purpose.

¶ 5, 8

03Law Applied

Section 528 of the BNSS preserves the High Court’s inherent power to make orders necessary to give effect to the BNSS, prevent abuse of the process of a court, or secure the ends of justice.

¶ 4, 8

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, in considering whether quashing on settlement was appropriate.

¶ 4, 8

The judgment applies the principle that criminal proceedings may be quashed where, in the circumstances of the case, continuation would amount to an abuse of process and quashing would secure the ends of justice.

¶ 8

Provisions in the judgment · 5 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Indian Penal Code, 1860 Section 307 Section 323 Section 114

Gujarat Police Act, 1951. Section 135

04Reasoning

The Court considered the complainant’s affidavit and his confirmation in person that the dispute had been settled and that he did not wish to prosecute.

¶ 6–7

It accepted the parties’ account that the dispute was personal and concluded that continuation of the proceedings would serve no fruitful purpose and would amount to an abuse of process.

¶ 8

Although the State opposed quashing on the basis of the seriousness of the allegations, the Court did not separately analyse the Section 307 allegation or explain how the cited precedents applied to that offence; it relied on the settlement and the circumstances before it in reaching its conclusion.

¶ 5, 8