Gujarat HC Quashes FIR Against 3 Accused After Complainant Settles, Despite State’s Objection

The petitioners sought to quash an FIR registered at Botad Police Station under Sections 115(2), 352, 351(3), 308(5), 189(1), 191(1) and 190 of the Bharatiya Nyaya Sanhita, 2023, and Section 135 of the Gujarat Police Act.

They submitted that the dispute had been amicably settled.

The complainant filed an affidavit confirming the settlement and stating that he did not wish to prosecute; counsel for the complainant also consented to quashing.

The State opposed the petition, noting that investigation remained pending and that petitioner Nos. 1 and 2 were involved in other offences.

The Court considered the offences alleged under Sections 115(2), 352, 351(3), 308(5), 189(1), 191(1) and 190 of the Bharatiya Nyaya Sanhita, 2023, and Section 135 of the Gujarat Police Act.

In assessing whether proceedings should be quashed following settlement, it 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.

The Court applied the principle that criminal proceedings may be quashed where, in the circumstances and in light of a settlement, their continuation would amount to an abuse of process and quashing would secure the ends of justice.

The complainant’s affidavit stated that the dispute had been resolved, was personal in nature, and that he did not wish to proceed with the prosecution.

The Court considered this settlement alongside the cited precedents and concluded that continuing the proceedings would amount to an abuse of process and serve no fruitful purpose.

Although the State reported that the investigation was pending and that two petitioners were involved in other offences, the Court did not separately discuss those matters in its reasons before granting relief.

The Court allowed the petition and quashed the FIR and consequential proceedings.

The Court answered the issues in favour of the petitioners, allowed the application, and quashed the FIR registered as C.R. No. 11190002261396/2026 at Botad Police Station, together with all consequential proceedings, qua the petitioners.