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2026 Supreme(Online)(Guj) 4288
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. Thakker, J
Ashish Kamleshbhai Sanghvi – Appellant
Versus
State Of Gujarat – Respondent
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 15555 of 2019
For the Appellants/Petitioners: Ashish M Dagli
For the Respondents: Bhadrish S Raju, Public Prosecutor
The High Court may quash criminal proceedings under Section 482 of the CrPC if the dispute is private in nature and has been amicably settled between the parties, as continuing the trial would be futile and an abuse of the process of law.
Headnote:(A) Quashing of FIR - Compromise between parties - Where the dispute is private in nature and parties have amicably settled the matter, the continuation of criminal proceedings would be an unnecessary harassment and an abuse of the process of law. (Para 4)
(B) Inherent Powers of High Court - Section 482 CrPC - The Court may exercise its inherent powers to quash an FIR to secure the ends of justice when the trial would be futile due to a settlement between the complainant and the accused. (Para 4)
Issues: Whether the FIR should be quashed in light of the amicable settlement between the applicant and the original complainant.
| Table of Content |
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| 1. parties have reached an amicable settlement and the complainant has no objection to quashing the fir. (Para 1 , 2 , 3) |
| 2. the fir and all consequential proceedings are quashed and set aside. (Para 5) |
ORAL ORDER
1. The present application is filed for quashing the FIR being C.R. No.1-114 of 2018 registered with Satellite Police Station, Ahmedabad for the offences punishable under Sections 406, 420,
465, 467, 468, 471 and 114 of the IPC.
2. At the outset, it is submitted by learned advocate Mr. Bhadrish Raju appearing for the complainant that the matter has been settled between the parties, and on the basis of the said settlement, the quashing petition filed by accused Nos. 1 to 3, being Special Criminal Application No. 3745 of 2026, has been disposed of. Learned advocate Mr. Bhadrish Raju has also placed on record the afÏdavit of the complainant, which is ordered to be
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NEUTRAL CITATION
R/CR.MA/15555/2019 ORDER DATED: 25/03/2026
0.6060988831556936
taken on record, confirming the aforesaid aspect.
3. This Court has referred to the said afÏdavit, which is
reproduced hereinbelow;
“1. Abhimanyu Kantilal Sharma, Age- 45 years, Gender- Male, Occupation: Business, at present residing at: Bangalore, Karnataka. Permanent resident of Satellite, Ahmedabad, Gujarat, the Respondent No.2 (Org. Complainant) in the above captioned application herein state
and declare on oath and solemnly afÏrm as under:-
1. I respectfully submit that I am the respondent no. 2 in the present application and original complainant in FIR registered being C.R No. 1-114 of 2018 for the offences punishable u/s. 406, 420, 465, 467, 468, 471 & 114 of the Indian Penal Code, 1860. I say and submit that upon intervention of trusted persons of society and well-wishers of both sides, settlement has been arrived between the Complainant (Resp. No. 2) and applicant. I further submit
that the dispute between the parties has been resolved.
2. I have amicably settled the matter by way of compromise with the applicant, I have no dispute with the applicant, and I hereby undertake to withdraw all the allegations/litigations
against the applicant.
3. 1 respectfully say and submit that the settlement as arrived between us would be binding to me/my legal representative with respect to the offences, I have settled this matter without any coercion or force from the applicant. 4. 1 respectfully say and submit that I am withdrawing all allegations alleged by me with respect to this offence i.e.
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NEUTRAL CITATION
R/CR.MA/15555/2019 ORDER DATED: 25/03/2026
0.6060988831556936
being C.R No. 1-114 of 2018 for the offences punishable u/s. 406, 420, 465, 467, 468, 471 & 114 of the Indian Penal Code, 1860 and other proceedings arising out of the same before this Hon'ble Court. I say and submit that I have no objection if the said F.I.R. is quashed by this Hon'ble Court by way of
allowing the present applicant.
5. I say and submit that I have settled the dispute with the applicant and therefore, in the interest of justice and to lessen the hardship of the parties, I agree to quash the Complaint and other proceeding arising out of the same registered being C.R No. 1-114 of 2018 for the offences punishable u/s. 406, 420, 465, 467, 468, 471 & 114 of the
6. It is respectfully submitted that the applicant has settled the matter with the Org. Complainant by way of Settlement dated 05.03.2026 and all the payables qua the full and final settlement have been received by the Org. Complainant - Respondent No.2 and there remains no dispute between the parties. Therefore, I say and submit that I have no objection if the complaint and the proceedings arising out of the same
are quashed and set aside.
7. I respectfully submit that the afÏdavit tendered by me has been mad
