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2026 Supreme(Guj) 175
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIMAL K. VYAS, J.
Ashishbhai Sureshbhai Patel – Appellant
Versus
State Of Gujarat And Anr. – Respondents
R/Criminal Misc.Application (For Consent Quashing) No. 5032 of 2026
Decided On : 02-03-2026
For the Appellant : A. N. Kadri
For the Respondent: Ms. Krina Calla, Ld. Addl. Public Prosecutor
The court may quash FIR and proceedings where disputes are amicably resolved, affirming its role in preventing abuse of process of law.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Gujarat Police Act - Section 135 - Quashing of FIR and proceedings - The applicant sought to quash FIR and charge sheet in light of amicable resolution of matrimonial disputes between parties. Court emphasized that continuing with proceedings would be an abuse of process of law. (Paras 11)
(B) Inherent jurisdiction - The court reiterated its inherent powers to prevent abuse of legal process in cases where disputes have been settled amicably. (Para 10)
Facts of the case:
The original complainant, after resolving matrimonial disputes with the applicant, stated to the court that she had no objection to the quashing of the FIR and associated proceedings.
Findings of Court:
The court found that continuation of proceedings would unnecessarily harass the applicant and quashed the FIR along with all consequential proceedings.
Issues: The primary issue was whether to quash the FIR in light of the amicable resolution of disputes between the parties.
Ratio Decidendi: The court concluded that, in cases of personal disputes resolved amicably, it holds the moral and legal obligation to quash proceedings that would otherwise amount to an abuse of legal process.
Result: Application allowed; the FIR and proceedings quashed.
| Table of Content |
|---|
| 1. application to quash fir based on resolution of dispute. (Para 2 , 3) |
| 2. continuing trial viewed as abuse of process. (Para 7 , 10) |
| 3. complainant's affidavit supports quashing of proceedings. (Para 8 , 9) |
| 4. quashing of fir and proceedings ordered. (Para 11) |
ORDER :
VIMAL K. VYAS, J.
1. Learned advocate Mr.S.A.Kadri appears and submits that he has instructions to appear on behalf of the respondent no.2 – original complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.
2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant- original accused seeks to invoke the inherent powers of this Court, praying to quash and set- aside the First Information Report being C.R.No.11215014250383 of 2025 registered with the Khambholaj Police Station, Anand, for the offence punishable under Section 109 (1) of the Bharatiya Nyaya Sanhita, 2023 and under Section 135 of the Gujarat Police Act; the charge sheet as well as the proceedings of the Sessions Case No.110 of 2025 pending before the learned 6th Additional Sessions Judge, Anand, so also all other consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the original complainant, who is personally present before this Court, has produced her identity proof as well as the affidavit, which are ordered to be taken on record. In the affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute between her and the applicant- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, she does not want to proceed further with the criminal proceedings pursuant to the impugned FIR, the charge-sheet and the Sessions Case against the present applicant.
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.Krina Calla waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr.S.A.Kadri waives service of notice of rule for and on behalf of the respondent no.2 – complainant.
6. Learned advocate for the applicant-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR, the charge-sheet as well as the proceedings of the Sessions Case may be quashed and set- aside.
7. The original complainant, who is present in the Court, has categorically stated before this Court that she has no objection if the application is allowed and the impugned FIR; the charge-sheet as well as the proceedings of the Sessions Case are quashed and set-aside. Thus, it appears from the aforesaid that sending the applicant-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 of the original complainant, read thus :
“1. I state and submit that, I have filed a complaint/FIR on hand being I-C.R. No. 11215014250383 of 2023 on dated 23.04.2023 registered with Khmbholaj Police Station for the alleged commission of offences punishable U/s 109(1) of BNS -2023 & 135 of Gujarat Police Act.
2. I state and submit that; The aforesaid FIR came to be lodged by me at the relevant point of time due to matrimonial disputes and misunderstandings between myself and my husband; the dispute being purely personal and domestic in nature, arising out of emotional differences and marital discord, without any intention to pursue criminal proceedings permanently.
3. I state and submit that, I further say and submit that, the dispute between us occurred on account of misunderstanding and
