Gujarat HC Quashes Cheating FIR Over Settled Commercial Dispute After Complainant Gives No Objection

The petitioners sought quashing under Article 226 of the Constitution and Section 528 of the BNSS, 2023, of FIR CR No. 11203030260805/2026, registered at Keshod Police Station for offences under Sections 420, 406, 409 and 114 of the IPC

The complainant appeared through counsel and confirmed that the parties had amicably settled their dispute, which arose from a commercial transaction; he stated that he had no objection to quashing the FIR and consequential proceedings

The complainant’s settlement affidavit was on record

The State opposed the petition, relying on the seriousness of the matter

The Court considered its power under Article 226 of the Constitution read with Section 528 of the BNSS, 2023, to quash criminal proceedings

It relied on Gian Singh v. State of Punjab & Anr., (2012) 10 SCC 303; Madan Mohan Abbot v. State of Punjab, (2008) 4 SCC 582; Nikhil Merchant v. CBI & Anr., 2009 (1) GLH 31; Manoj Sharma v. State & Ors., 2009 (1) GLH 190; Narinder Singh & Ors. v. State of Punjab & Anr., (2014) 6 SCC 466; and State of Haryana v. Bhajan Lal, AIR 1992 SC 604, in assessing whether continuation of proceedings after settlement would amount to an abuse of process and whether quashing would secure the ends of justice

The Court accepted that the dispute had been amicably resolved and noted the complainant’s affidavit and his confirmation in Court that he did not oppose quashing

Having considered the settlement and the cited authorities, the Court concluded that continuing the prosecution would serve no fruitful purpose and would amount to an abuse of the process of law. It therefore rejected the State’s objection based on the seriousness of the matter and found quashing appropriate to secure the ends of justice

The Rule was made absolute, and the Registry was directed to accept the complainant’s advocate’s vakalatnama