The High Court can exercise its inherent powers to quash an FIR for non-compoundable offences if the dispute is private/commercial in nature and the parties have reached an amicable settlement, provided the offence does not involve mental depravity or impact the public at large.

ORAL ORDER

Learned advocate Mr. Sandeep Thapar submits that he has received instructions to appear on behalf of the respondent No.2 – original complainant as also seeks permission to file his appearance on behalf of the respondent No. 2 – original complainant.

1) RULE . Learned Additional Public Prosecutor Mr. Aditya Jadeja and learned advocate Mr. Sandeep Thapar appear and waive service of notice of rule on behalf of their respective respondent No. 1 and 2 respectively.

2) By way of this application under Section 582 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ”the BNSS, 2023), the applicant has prayed for quashing and setting aside F.I.R. bearing C.R.No.1119300325119 of 2025 registered with Amreli City Police Station, Ahmedabad for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 and to quash all other consequential proceedings, if any, arising out of the aforesaid FIR against the applicant.

3) Heard Mr. Jay N.P.Pandya learned advocate for the applicant, learned Additional Public Prosecutor Mr. Aditya Jadeja, for the respondent No. 1 – State and Mr. Sandeep Thapar learned advocate for the respondent no.2 – complainant.

4) Both the learned advocates jointly submitted that during the pendency of present petition, 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. Sandeep Thapar appearing for the complainant tenders the settlement affidavit, affirming, inter alia, by the complainant – Ashaben D/o Jayantilal Keshavlal Dave, the same is ordered to be taken on record.

7) The affidavit of the Original complainant reads as under: -

1, Ashaben d/o Jayantilal Keshavlal Dave, Age: 65 years, Female, Occ. House work, Residing At : 101 Shiv Complex, Nr. Nagnath, Ta. Dist. Ameli, do hereby state on solemn affirmation as under:-

(1) I filed the FIR registered with Ameli City Police Station, Ameli vide - FIR No. 11193003251119 of 2025, dated 29/11/2025 for the offences punishable u/s. 318(4) of the Bharatiya Nyay Sanhita. and now it is amicably settled between us and therefore, I do not want to proceed this complaint.

(2) I further state on oath and submit that, the dispute between the present Applicant and deponent herein is sorted out and resolved and as such the matter is now amicably settled between the parties, now there is no heart-burning / dispute whatsoever in the said regard, the undersigned has no objection if this Hon'ble Court exercises discretion in favour of the present petitioner.

(3) I further say that there remains no grievance between the deponent and the present petitioners for the alleged incident that has occurred and I no longer wish to prosecute the petitioners any further for the alleged incident and I voluntarily give my consent and without any force or coercion on me for the quashing of the said FIR/Complaint.

(4) I further say that I have received amount of Rs.2,80,000/- through RTGS from the applicant and therefore now no grievance is pending against the applicant.

(5) I further say that the dispute of this offence is of private nature and therefore, public at large is not affected by the offence, therefore, I voluntarily give my consent and without any force or coercion on me for the quashing of the said FIR/Complaint.”

8) So far as S