The High Court can exercise its inherent jurisdiction to quash an FIR if the parties have reached an amicable settlement, provided the offence is not heinous or serious in nature (such as murder or rape) and quashing serves the ends of justice.

ORAL ORDER

1) Rule. Learned Additional Public Prosecutor and learned advocate Ms. Nehal T. Jani 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 applicant has prayed for quashing and setting aside F.I.R. bearing C.R.No.11191012260236 of 2026 registered with Danilimda Police Station, Ahmedabad for the offences punishable under Sections 118(1) and 296(b) 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 Sumara learned advocate for the applicant, learned Additional Public Prosecutor Mr. Aditya Jadeja, for the respondent No. 1 – State and Ms. Nehal T. Jani 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 Ms. Nehal T. Jani appearing for the complainant tenders the settlement affidavit, affirming, inter alia, by the complainant – Sunil @ Sumani s/o Rameshbhai Parmar, the same is ordered to be taken on record.

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

I, Sunil @ Sumani S/o Rameshbhai Parmar, Aged: 27 Years, Male, Occupation: Labour work, Having Address as: Kishan Nagar Society, Opposite Rohit Park, Danilimda, Ahmedabad-380028, the Respondent no. 2 herein, on solemn affirmation, state on oath as under: -

1. I say that I have gone through the copy of the quashing application filed by the petitioner and after after having understood the content thereof, I am filing the present affidavit.

2. I say that I am the only victim/complainant in the incident narrated in FIR dated 02.04.2026 bearing no. 11191012260236 registered with Danilimda Police Station, Ahmedabad, for the offence punishable under Sections 118(1) and 296(b) of the Bhartiya Nyaya Sanhita 2023.

3. I say that an amicable settlement between me and the petitioner had arrived on account of neighbours, elders of the society, intervention of friends as we are resident of same area having common relatives and friends and therefore me and the petitioner herein have decided to resolve all disputes.

4. I say that I have no grievances against the present petitioner as all the disputes are settled between me and the petitioner herein.

5. I say that I have no objection whatsoever if the FIR dated 02.04.2026 bearing no. 11191012260236 registered with Danilimda Police Station, Ahmedabad, for the offence punishable under Sections 118(1) and 296(b) of the Bhartiya Nyaya Sanhita 2023 is quashed and set aside with my consent.

6. I say that I have settled the matter with the petitioners and therefore the present affidavit is filed by me to give consent for quashing of the FIR dated 02.04.2026 bearing no. 11191012260236 registered with Danilimda Police Station, Ahmedabad for the offence punishable under Sections 118(1) and 296(b) of the Bhartiya Nyaya Sanhita 2023.

7. I say that I have no object