Gujarat HC Quashes FIR Against Four Accused After Injured Complainant Confirms Settlement

In brief

The question

1. Whether the High Court should quash the FIR and consequential proceedings under its inherent jurisdiction where the parties have settled the dispute and the complainant consents to quashing?

The court held

The Court allowed the application and quashed the FIR and all consequential proceedings arising from it, qua the petitioners.

01Facts

The petitioners sought quashing of an FIR registered at Isanpur Police Station, Ahmedabad, and the consequential criminal proceedings.

¶ 2 · p. 1

The judgment identifies the offences as Sections 118(1), 125(a), 296(b), 351(3) and 54 of the Bharatiya Nyaya Sanhita (BNS).

¶ 2, 4 · pp. 1–2

The petitioners and the original complainant stated that they had amicably settled the dispute; the complainant filed an affidavit and confirmed in court that he had no objection to quashing.

¶ 5, 8 · pp. 2–4

The State opposed the petition on the ground that the allegations were serious.

¶ 6 · p. 3

02Issues

i.1. Whether the High Court should quash the FIR and consequential proceedings under its inherent jurisdiction where the parties have settled the dispute and the complainant consents to quashing?

¶ 2, 5, 7 · pp. 1–3

ii.2. Whether continuation of the prosecution, despite the settlement, would amount to an abuse of the process of law?

¶ 7 · p. 3

03Law Applied

The Court relied on the principles in 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, as authorities relevant to quashing criminal proceedings to secure the ends of justice.

¶ 7 · p. 3

The offences alleged were stated to be under Sections 118(1), 125(a), 296(b), 351(3) and 54 of the BNS.

¶ 4, 8 · pp. 2–4

Provisions in the judgment · 10 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 118 Section 125 Section 296 Section 351 Section 54

Bharatiya Nyaya Sanhita, 2023 Section 118 Section 125 Section 296 Section 351 Section 54

04Reasoning

The Court considered the parties’ settlement, the complainant’s affidavit and his confirmation that he did not wish to pursue the matter, alongside the State’s objection that the allegations were serious.

¶ 5–8 · pp. 2–4

Applying the cited authorities, it concluded that continuing the prosecution would amount to an abuse of process and would serve no fruitful purpose; quashing was therefore warranted to secure the ends of justice.

¶ 7 · p. 3