High Court of Gujarat
LILA MAHESHDAN DEVDANversusSTATE OF GUJARAT
- Disposal
- 44-PARTLY ALLOWED @ FH
- Bench
- M R MENGDEY
Holding
The application is allowed; the FIR is quashed and set aside for petitioners 1,2,3,4,6,7.
Summary
The petitioners filed a Special Criminal Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking quash of FIR No. 11203004250566, which alleged offences under several sections of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of the Gujarat Police Act. One petitioner (No.5) withdrew the application. The remaining petitioners claimed the matter was amicably settled and presented an affidavit from the original complainant confirming no objection to quashing. The State and the original complainant waived service of notice. The Court, considering the settlement and the affidavit, allowed the application and quashed the FIR for petitioners 1,2,3,4,6,7, while dismissing the application of petitioner 5 as withdrawn.
Issues considered
- Whether an FIR can be quashed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita when the parties have reached an amicable settlement.
- Whether the court may set aside the FIR for the offences alleged under the Bharatiya Nyaya Sanhita, 2023 and the Gujarat Police Act.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhitas. 528
- Bharatiya Nyaya Sanhita, 2023s. 115(2), s. 117(2), s. 189(2), s. 190, s. 191(2), s. 191(3), s. 296(b), s. 351(3)
- Gujarat Police Acts. 135
Subjects
quash of FIRSection 528amicable settlementcriminal procedureBharatiya Nyaya SanhitaGujarat Police Actspecial criminal application
Judgment
R/SCR.A/14723/2025 ORDER DATED: 12/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14723 of 2025
==========================================================
LILA MAHESHDAN DEVDAN & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR NEEL P LAKHANI(10679) for the Applicant(s) No. 1,2,3,4,5,6,7
MR PM LAKHANI(1326) for the Applicant(s) No. 1,2,3,4,5,6,7
MR. DHAWAN JAYSWAL, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 12/01/2026
ORAL ORDER
1. Learned Advocate for the Petitioner does not press the present
Application qua Petitioner No.5 – Maliya Palabhai Dhakhabhai and seeks
permission to withdraw the Petition qua him.
1.1 Permission as prayed for is granted. The Petition stands disposed
of as withdrawn qua Petitioner No.5.
2. Qua other Petitioners i.e. Petitioner Nos. 1, 2, 3, 4, 6 & 7, the
Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, seeking quashing of FIR No. 11203004250566 of 2025
registered with ‘C’ Division Police Station, Junagadh for the offences
punishable under Sections 117(2), 115(2), 189(2), 191(2), 191(3), 190,
296(b), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 135 of
the Gujarat Police Act.
3. Heard learned Advocate for the Applicant and learned APP for the
Respondent – State. Learned Advocate Mr. Rahil Seikh appears and
states that he has received instructions to appear on behalf of Respondent
Page 1 of 3
R/SCR.A/14723/2025 ORDER DATED: 12/01/2026
No.2 – Original Complainant and he would be filing his appearance
during the course of the day. Registry to accept the Vakalatnama.
4. Rule qua Petitioner Nos. 1, 2, 3, 4, 6 & 7. Learned APP waives
service of notice for and on behalf of the respondent – State and learned
Advocate Mr. Rahil Seikh waives service of Rule on behalf of the
Original Complainant.
5. Qua Petitioner Nos. 1, 2, 3, 4, 6 & 7, learned Advocate for the
Petitioners has submitted that the matter has been amicably settled
between the parties and they are now not willing to proceed with the
complaint any further.
6. Learned Advocate Mr. Rahil Seikh appearing on behalf of
Respondent No. 2 – Mihirdan Shambhudan (Original Complainant) has
placed on record the Affidavit dated 9.1.2026. Learned Advocate has
submitted that matter has been amicably settled between the parties and
there is no objection if present application is allowed qua Petitioner Nos.
1, 2, 3, 4, 6 & 7. The relevant paragraph from the Affidavit qua
Petitioner Nos. 1, 2, 3, 4, 6 & 7 can be read thus as:
“3. Ihav ealr
eadysett
ledthedi
sput
eswit
hthePe t
it
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rsand
the
ref
ore,Ihavenoobject
ionift
heprese
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aintagai
nstt
he
pres
entPet
it
ioner
sisquashedandset-
asi
de.
4. That ,Ihavese
ttl
edthedi
sput
ewithmyfu
llc
onsci
ous
ness
and cons
entand wi
thoutanypres
sur
eorfearand wi
thfre
e
cons
ent.
5. Idon ’twanttoproc
eedfur
the
rwi
thmyc
ompl
aintagai
nst
thepr
ese
ntPet
it
ione
rs(acc
use
d).
6. If ur
thersayandsubmitthatal
lmygrie
v anc
esanddis
put
e
wit
hthepres
entPeti
ti
onersarefull
yres
olv
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nodis
put
esorgrie
vance
sremainsquathepr
esentPeti
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rs.
Page 2 of 3
R/SCR.A/14723/2025 ORDER DATED: 12/01/2026
7. Ihav enoobje
cti
onift
hisPe
ti
ti
onbeal
lowe
dandc
ompl
aint
agai
nstt
hePet
it
ione
rsbequas
hed.
8. Ihe rebye x
pres
smywi ll
ingconsentandIhe r
ebypray
st hi
s
Hon’bleCour ttoallow t
hePe ti
ti
onoft hePe ti
ti
oner
sandbe
pleas
edtoquas handsetas
idetheaboveme nt
ione
dFI Randallit
s
subse
quentproceedi
ngsquatheprese
ntPe t
iti
oner
s.”
6. Considering averments made in the Affidavit as also the
submissions made by the learned Advocates for the respective parties, the
present Application deserves to be allowed qua Petitioner Nos. 1, 2, 3, 4,
6 & 7 and is hereby allowed qua them. The FIR No. 11203004250566 of
2025 registered with ‘C’ Division Police Station, Junagadh for the
offences punishable under Sections 117(2), 115(2), 189(2), 191(2),
191(3), 190, 296(b), 351(3) of the Bharatiya Nyaya Sanhita, 2023 and
Section 135 of the Gujarat Police Act, is hereby quashed and set aside
qua Petitioner Nos. 1, 2, 3, 4, 6 & 7. Rule is made absolute qua Petitioner
Nos. 1, 2, 3, 4, 6 & 7.
(M. R. MENGDEY,J)
J.N.W / SB 2
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: JAYANTILAL NARAYAN WAGHELA(HC00178), Principal Pvt. Secretary, at High Court of Gujarat on 12/01/2026 18:23:23
Page 3 of 3
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