High Court of Gujarat
BHARAT JEHTHBHAI FOSIversusSTATE OF GUJARAT
- Decided
- Disposal
- 29-COMPROMISE @ ADM.STAGE
- Bench
- M K THAKKER
Holding
The FIR is quashed and set aside as an abuse of process of law under Section 482 of the Code of Criminal Procedure.
Summary
The petitioners filed a criminal miscellaneous application seeking quashment of FIR No.11195010210119 registered at Palanpur West Police Station under IPC sections 465, 467, 468, 471 and 114. The parties disclosed that the dispute was a private family matter that had been settled, and the complainant filed an affidavit confirming the settlement. The Court, after hearing counsel, examined several Supreme Court precedents on quashing FIRs where continuation would amount to harassment or abuse of process. Relying on the principles laid down in Gian Singh, Madan Mohan Abbot, Nikhil Merchant, Manoj Sharma, Narinder Singh and the recent Parbatbhai case, the Court held that proceeding with the trial would be futile and constitute an abuse of law. Consequently, exercising its inherent powers under Section 482 of the CrPC, the Court quashed and set aside the FIR as well as any further proceedings against the petitioners. The order was pronounced by Hon’ble Justice M.K. Thakker on 20‑03‑2026.
Issues considered
- Whether the FIR registered under sections 465, 467, 468, 471 and 114 IPC should be quashed on the ground of settlement of a private dispute.
- Whether continuation of criminal proceedings would amount to abuse of process of law under Section 482 CrPC.
Legislation cited
- Code of Criminal Procedure — s. 482
- Indian Penal Code — s. 114, 465, 467, 468, 471
Subjects
- quashment of FIR
- abuse of process
- Section 482 CrPC
- settlement of private dispute
- Indian Penal Code
- Gujarat High Court
- criminal procedure
Judgment
R/CR.MA/14363/2021 ORDER DATED: 20/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 14363 of 2021
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BHARAT JEHTHBHAI FOSI & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MS.DILBUR CONTRACTOR(6388) for the Applicant(s) No. 1,2,3
MR D S GADHVI(11310) for the Respondent(s) No. 2
RONAK RAWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 20/03/2026
ORAL ORDER
Draft amendment is allowed. Necessary amendments shall
be carried out forthwith.
1. The present application is led for quashing of the FIR
being C. R. No.11195010210119 of 2021 registered with Palanpur
West Police Station for the o(ences under Sections 465, 467,
468, 471 and 114 of the Indian Penal Code by the 3 applicants
who are named in the FIR as well as the accused No.4 who is
arraigned as a accused during the course of investigation.
2. At the outset, it is submitted by the learned advocates for
the respective parties that the matter has been settled between
the parties and the dispute which was arising between the family
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R/CR.MA/14363/2021 ORDER DATED: 20/03/2026
members of the complainant has been resolved. Learned
advocate Mr. Gadhvi appearing for the complainant has placed on
record the a4davit of respondent No.2 – complainant,
con rming the above aspects. Presence of the complainant is
noted.
3. Having heard the learned advocates appearing for the
respective parties, considering the facts and circumstances
arising out of the present application as well as taking into
consideration the decisions rendered by the Hon'ble Supreme
Court in the cases of ‘Gian Singh Vs. State of Punjab & Anr.’,
reported in (2012) 10 SCC 303, ‘Madan Mohan Abbot Vs. State
of Punjab’, reported in (2008) 4 SCC 582, ‘Nikhil Merchant Vs.
Central Bureau of Investigation & Anr.’, reported in 2009 (1)
GLH 31, ‘Manoj Sharma Vs. State & Ors.’, reported in 2009 (1)
GLH 190 and ‘Narinder Singh & Ors. Vs. State of Punjab & Anr.’,
reported in 2014 (2) Crime 67 (SC), it appears that further
continuation of criminal proceedings in relation to the impugned
FIR against the applicant would be unnecessary harassment to
the applicant. I have also considered the latest decision of the
Hon'ble Supreme Court in the case of ‘Parbatbhai Aahir @
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R/CR.MA/14363/2021 ORDER DATED: 20/03/2026
Parbatbhai Bhimsinhbhai Karmur and others v. State of
Gujarat’, Criminal Appeal No.1723 of 2017, dated 4.10.2017 and
the guidelines issued by the Hon'ble Supreme Court in the said
decision, particularly Paragraph-15, thereof. Considering the
nature of disputes between the parties which are all private in
nature, I am of the opinion that the matter requires
consideration. It appears that the trial would be futile and further
continuance of the proceedings pursuant to the impugned FIR
would amount to abuse of process of law and hence, to secure
the ends of justice, the impugned FIR is required to be quashed
and set aside in exercise of powers conferred under Section 482
of the Code.
4. Resultantly, this application is allowed and the impugned
FIR bearing C. R. No.11195010210119 of 2021 registered with
Palanpur West Police Station is hereby quashed and set aside qua
the applicants only. Consequently, all other proceedings arising
out of the aforesaid F.I.R. are also quashed and set aside qua the
applicants.
(M. K. THAKKER,J)
Vikramsinh Amarsinh
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: VIKRAM SINGH(HCW0055), English Steno Grade II, at High Court of Gujarat on 20/03/2026 18:18:42
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