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2026 Supreme(Online)(Guj) 16788
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. Pinto, J
ROHITKUMAR AMBALAL JANIV/sSTATE OF GUJARAT
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 9420 of 2026
For the Appellants/Petitioners: Kamlesh S Kotai
For the Respondents: C.M. Shah, Kiran R. Udasi
The High Court may exercise its inherent powers to quash criminal proceedings for non-compoundable offences if the dispute is private or civil in nature and the parties have reached a voluntary amicable settlement, thereby preventing the abuse of the process of law.
Headnote:The applicants sought the quashing of FIR C.R.-I No. 11217030200582 of 2020 registered at Siddhpur Police Station for offences under Sections 294(b), 506(2), and 114 of the IPC and Sections 40 and 42 of the Gujarat Money Lenders Act, 2011, invoking Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The original complainant filed an affidavit stating that the dispute, which was private in nature and related to financial transactions, had been amicably settled with the intervention of community elders, and he no longer wished to prosecute the matter. The primary issue was whether the inherent powers of the High Court could be exercised to quash criminal proceedings based on a compromise between the parties. The court reasoned that while heinous crimes cannot be quashed, cases involving private disputes or those with a predominant civil flavour may be quashed if the parties have settled, as continuing the trial would be futile and amount to an abuse of the process of law, citing the principles in Parbatbhai Aahir Alias Parbatbhai Bhimsinhbhai Karmur Vs. State of Gujarat. The impugned C.R.-I No. 11217030200582 of 2020 registered with Siddhpur Police Station, District: Patan as well as and other consequential proceedings including Criminal Case No. 456 of 2021 pending before the learned Trial Court, Siddhpur initiated in pursuance thereof are hereby quashed and set aside qua the present applicants only i.e. original accused no. 3 – Gaurangkumar Hasubhai Patel and original accused no. 6 – Rohitkumar Ambalal Jani.
| Table of Content |
|---|
| 1. parties reached an amicable settlement to quash the fir. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. high court's inherent power to quash based on settlement. (Para 10) |
| 3. quashing justified for private disputes settled voluntarily. (Para 11 , 12) |
| 4. fir and proceedings quashed for the applicants. (Para 13 , 14 , 15 , 16) |
ORAL ORDER
1. Learned advocate Ms. Kiran R. Udasi submits that she has instructions to appear on behalf of the respondent no.2 – original complainant and seeks permission to file her appearance. Permission is granted. Registry to accept.
2. Rule returnable forthwith. Learned APP Ms. C.M. Shah and learned advocate Ms. Kiran R. Udasi waive service of notice of rule for the respective respondents.
3. As the matter is amicably settled between the parties, the matter is taken up for final hearing.
4. By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants have prayed to quash and set aside the C.R.-I No. 11217030200582 of 2020 registered with Siddhpur Police Station, District: Patan for the offences under Sections 294(b), 506(2), and 114 of the IPC and Sections 40 and 42 of the Gujarat Money Lenders Act, 2011 and Criminal Case No. 456 of 2021 is pending before the learned Trial Court, Siddhpur.
5. Heard learned advocate Mr. Kamlesh S. Kotai for the applicants, learned APP Ms. C.M. Shah for the respondent no.1 – State and learned advocate Ms. Kiran R. Udasi for the respondent no.2 – original complainant.
6. Learned advocate Mr. Kamlesh S. Kotai for the applicant and learned advocate Ms. Kiran R. Udasi for the respondent no.2 – original complainant jointly submits that the dispute between the parties has been amicably settled. The respondent no.2 – original complainant Mr. Brijeshbhai Jagdishbhai Joshi is present in-person before the Court and submit that the matter between the applicants – original accused no. 3 – Gaurangkumar Hasubhai Patel and original accused no. 6 – Rohitkumar Ambalal Jani has been amicably settled and whatever financial transactions that had taken place between them have been concluded with the intervention of all the members of their community and other elders of the society, to that effect he produces an affidavit in support of his submissions. Learned advocate further submits that the respondent no.2 – original complainant does not wish to prosecute the matter further. The compromise has been entered into voluntarily, without any coercion, undue influence or pressure and, therefore, the respondent no.2 has no objection if the impugned FIR as well as all the other consequential proceedings qua the original accused nos. 3 and 6 be quashed.
7. On inquiring, the respondent No.2 – original complainant submits that the agreement has been arrived at without any force, coercion, undue influence or threat from any person but of his own free will and this Court is satisfy that compromise has been entered into between the parties. The affidavit filed by the respondent no. 2 is taken on record.
8. Learned APP Ms. C.M. Shah for the respondent no.1 – State submits that the contents of the FIR are just and proper; however, considering the fact that the dispute between the parties is amicably settled, necessary order may be passed.
9. The affidavit filed by the respondent no. 2 – original complainant reads as under:
“I, BRIJESHBHAI JAGDISHBHAI JOSHI, Gender- Male, Aged: 44 Years, Respondent no. 2 herein Original Complainant, Residing at: Vraj Vatika Society, Mahesana also Residing at: Govind Madhav Society, Siddpur, Patan, the Original Complainant no.2 herein, do hereby solemnly affirm and state on oath as under :-
1. I am Original Complainant- Respondent No. 2 herein and I am fully conversant with facts and circumstances of the case and I am duly competent to file this affidavit. I have gone through the memo of application filed by the applicants herein and I have al
