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2026 Supreme(Guj) 115
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIMAL K. VYAS, J.
Rajendrasinh Kalusinh Zala & Ors. - Applicants
Versus
State of Gujarat & Anr. – Respondents
R/Criminal Misc. Application (For Consent Quashing) No. 3215 of 2026
Decided On : 10-02-2026
For the Applicants : Mr. Jigar D. Dave.
For the Respondents: Ms Asmita Patel, Ld.Addl. Public Prosecutor.
Quashing of FIR permitted when parties amicably resolve disputes, and continuation of proceedings is deemed an abuse of process.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Gujarat Police Act - Section 135 - Quashing of FIR - Dispute amicably resolved between parties, with both complainant and victims stating no grievances remain - Amicable settlement does not infringe upon judicial pronouncements concerning FIR quashing for personal offences - Continuing trial deemed futile and an abuse of process. (Paras 2, 4, 10, 11)
(B) Inherent powers - Courts possess inherent powers to quash FIRs when the continuation of proceedings would result in needless harassment of the accused and does not serve the interests of justice. (Paras 7, 10)
Facts of the case:
The case involves an application to quash an FIR for various offences under the Bharatiya Nyaya Sanhita and the Gujarat Police Act. The complainant and victims stated that the dispute has been resolved amicably and thus do not wish to pursue the criminal proceedings.
Findings of Court:
The court finds that pursuing the FIR and trial would be futile and constitutes an abuse of process, resulting in the quashing of the FIR and consequential proceedings against the applicants.
Issues: The issue presented was whether the FIR could be quashed given the amicable resolution of the dispute between the parties.
Ratio Decidendi: The court highlighted that when parties reconcile and no grievances persist, it is within the court's interest to quash the FIR and prevent unnecessary trial proceedings.
Result: Application allowed; the FIR and consequential proceedings quashed and set aside.
| Table of Content |
|---|
| 1. consent to quash fir due to amicable resolution. (Para 1 , 2 , 3) |
| 2. proceedings taken up for final disposal. (Para 4 , 5) |
| 3. arguments for quashing based on resolution. (Para 6) |
| 4. continuing proceedings deemed an abuse of process. (Para 7) |
| 5. affidavits affirm amicable settlement. (Para 8 , 9) |
| 6. court's decision to quash fir and conclusion. (Para 10 , 11) |
| 7. granting bail and releasing applicants. (Para 12 , 13) |
ORDER :
VIMAL K. VYAS, J.
1. Learned advocate Mr.A.B. Parmar appears and submits that he has instructions to appear on behalf of the respondent no.2 – original complainant. Registry shall accept his vakalatnama.
2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants- original accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No.11209049250882 of 2025 registered with the Talod Police Station, District: Sabarkantha, for the offences punishable under Sections 115 (2), 117(2), 118(2), 352, 351(2), 54 of the Bharatiya Nyaya Sanhita and under Section 135 of the Gujarat Police Act, as well as all other consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant remained present through virtual mode, whereas two victims are personally present before this Court and they have produced their identity proofs as well as the affidavits, which are ordered to be taken on record. In the affidavits filed by the complainant and the victims, they have categorically stated that with the intervention of the friends, family members and community people, the dispute between them and the applicants- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, they do not want to proceed further with the matter qua the present applicants.
4. Considering the issue involved in the present application as well as considering the fact that the dispute has been amicably resolved between the parties, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for final disposal.
5. RULE returnable forthwith. Learned APP Ms.Asmita Patel waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr.A.B.Parmar waives service of notice of rule for and on behalf of the respondent no.2 – complainant.
6. Learned advocate for the applicants-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR as well as all other consequential proceedings may be quashed and set-aside.
7. The original complainant, who is virtually present and two victims, who are personally present in the Court, have categorically stated before this Court that they have no objection if the application is allowed and the impugned FIR is quashed and set-aside qua the applicants. Thus, it appears from the aforesaid that sending the applicants-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law.
8. The relevant paragraphs of the affidavit filed by the original complainant, namely, Sureshbhai Haribhai Patel, read thus :
“1. I am filing this affidavit in connection with the offence registered as FIR No.11209049250882 / 2025 dated 21.12.2025 registered with Talod Police Station, District Sabarkantha for the offences punishable under Sections 115 (2), 117(2), 352, 351(2) and 54 of the Bharatiya Nyaya Sanhita and under section 135 of the Gujarat Police Act. Later on dated 23-12- 2025 section 118(2) of the Bharatiya Nyaya Sanhita was added.
2. I state that after the filing of the first information report, the differences between the original petitioners and me are resolved and now no grievance is survived between us and we have amicably settled the dispute.
3. I state that we have been approached by our common friends and wel
