The High Court may exercise its inherent jurisdiction to quash criminal proceedings if the parties have reached an amicable settlement, provided the offenses are not heinous or serious in nature (e.g., murder, rape, dacoity) and the continuation of the trial would be an abuse of the process of law.

ORAL ORDER

1) RULE

. Learned Additional Public Prosecutor Mr. Aditya Jadeja and learned advocate Mr. U.M.Shaikh appear and waive service of notice of rule on behalf of their respective respondents.

2) By way of this application under Section 582 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ”the BNSS, 2023), the applicants have prayed for quashing and setting aside F.I.R. bearing C.R.No. 11216011260118 of 2026 registered with INFO City Police Station, Gandhinagar as well as other consequential proceedings arising out of the said FIR.

3) Heard learned advocate Mr. Ishan H. Rajdev for the applicants, learned Additional Public Prosecutor Ms. C.M.Shah for the respondent No. 1 – State and Mr. U.M.Shaikh learned advocate for the respondent No.2 – original complainant.

4) Both the learned advocates have jointly submitted that during the pendency of present application, the matter is amicably settled amongst the parties and therefore, any further continuation of the proceedings pursuant to the impugned FIR would create hardship to the parties and further continuation of the proceedings would amount to abuse of process of law.

5) Learned Additional Public Prosecutor has opposed the application and submitted that looking to averments made in the FIR, complaint may not be quashed.

6) Learned advocate Mr. U.M.Shaikh appearing for the complainant tenders the settlement affidavit, affirming, inter alia, by the respondent No. 2 – original complainant – Gambhirsinh Arjansinh Chudasama, the same is ordered to be taken on record.

7) The affidavit of the respondent No. 2 - original complainant reads as under: -

I, Gambhirsinh Arjansinh Chudasama, Aged: 37 years, Male, Residing at: A-403, Devalay Housing Scoiety, Bh. D-Mart, Sargasan, Gandhinagar, the respondent No. 2 herein, do solemnly affirm and state on oath as under:

1. I have gone through memo of this application filed by the applicants and I have also perused relevant papers pertaining thereto. I am conversant with the facts of the present case and hence I am filing this affidavit.

2. I state that I am the first informant of the First Information Report challenged in the subject matter of the above-captioned petition being C.R. No. 11216011260118/2026 dated 22/02/2026 registered with Infocity Police Gandhinagar, for the offences punishable us. 115(2), 118(2), 352, 54, 351(2) of Bhartiya Nyaya Sanhita r/w Section 135 of GP Act .

3. I state that due to persuasion of the trusted persons in the family, friends and society, I have amicably settled the matter with the applicants. I state that now since the dispute between us no longer survives, I have no objection if the impugned FIR is quashed and set aside for all of the accused.

4. I say and submit that in view of the settlement entered into between the present petitioner and myself, no useful purpose would be served by continuing the prosecution further. I say and submit that the impugned FIR may kindly be quashed and set aside.

5. I hereby give my no objections to this petition and say that this petition may kindly be allowed on the ground of settlement.

6. I say and submit that settlement/compromise as aforesaid has been entered into between the parties out of my free will and without any pressure from any other and without having been influenced by anyone. I earnestly request this Hon'ble Court to quash the impugned FIR and consequential proceedings in the interest of Justice.”

8) So far as Section 482 of the Cr.P.C. is concerned, the Apex Court in the case of Parbatbhai Aahir Alias Parbatbhai Bhimsinhbhai Karmur Vs. State of Gujara t reported in AIR 2017 SC 4843, has observed in Para-15 as under:

“15. The broad principles which emerge from the preceden