01Facts
The applicant sought quashing of FIR No. 11191024250374 of 2025, registered at Ramol Police Station, Ahmedabad, for alleged offences under Sections 108, 296(b) and 54 of the Bharatiya Nyaya Sanhita, 2023; Sections 40, 42(a) and 42(d) of the Gujarat Money-Lenders Act, 2011; and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
¶ 1, 4, 7The applicant submitted that the dispute had been amicably settled. The complainant appeared before the Court, confirmed the settlement by affidavit, and stated that he had no objection to quashing the FIR and consequential proceedings.
¶ 2, 5, 7The State opposed the petition, citing the seriousness of the allegations.
¶ 602Issues
i.Whether the FIR and consequential proceedings could be quashed in exercise of the High Court’s inherent jurisdiction on the basis of the parties’ settlement.
¶ 1, 4–9ii.Whether continuation of the criminal proceedings, despite the settlement and the complainant’s consent, would amount to an abuse of process of law.
¶ 803Law Applied
The applicant invoked Article 226 of the Constitution and Sections 482 of the Code of Criminal Procedure, 1973, and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, as bases for quashing.
¶ 1The Court relied on 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. Bhajanlal in considering whether criminal proceedings could be quashed following settlement and to prevent abuse of process.
¶ 4, 8Provisions in the judgment · 6 · Linked ones open on LawLens
Code of Criminal Procedure, 1973 Section 482
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Bharatiya Nyaya Sanhita, 2023 Section 108Section 296Section 54
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 Section 3
04Reasoning
The Court accepted the complainant’s affidavit as confirming an amicable settlement and his voluntary consent to quashing; the complainant also stated that he no longer wished to pursue the FIR.
¶ 5, 7Applying the cited authorities, the Court concluded that continuing the proceedings against the applicant would cause unnecessary harassment, that further trial would be futile, and that continuation would amount to an abuse of process.
¶ 8Although the State opposed quashing on the basis of the seriousness of the allegations, the Court considered the settlement and complainant’s consent sufficient to grant relief.
¶ 6–905Holding
The Court allowed the petition and quashed FIR No. 11191024250374 of 2025 registered at Ramol Police Station, together with all consequential proceedings arising from it, insofar as they concerned the applicant.
¶ 9Rule was made absolute; direct service was permitted.
¶ 10Original Court PDF
PARMAR LAGDHIRSINH SABARSINH (LACKYBHAI)vsSTATE OF GUJARAT
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