High Court of Gujarat
BHAGWATSINH KANJIBHAI CHAUHANversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- M R MENGDEY
Holding
The court held that the FIR may be quashed and set aside for petitioners 1 and 3 as the matter is settled and there is no objection from the complainant or victim.
Summary
Petitioners 1, 2 and 3 filed a Special Criminal Application under Section 528 of the BNSS seeking quash of FIR No. 11192015250251 of 2025, which alleged offences under Sections 310(2), 352, 351(2), 324(2) and 61(2)(a) of the BNSS. Petitioners 1 and 3 claimed the matter was amicably settled and the victim and original complainant expressed no objection to the FIR being set aside. The advocate for petitioner No. 2 withdrew that petitioner's application. The State, through its respondent, waived service of notice. The court considered the settlement, the complainant’s affidavit, and the parties’ submissions, and allowed the application for petitioners 1 and 3, quashing and setting aside the FIR. The order was made absolute.
Issues considered
- Whether an FIR can be quashed under Section 528 of the BNSS when the parties have settled the dispute and the complainant consents.
Subjects
quash of FIRSection 528settlementcriminal procedureSpecial Criminal ApplicationGujarat High Court
Judgment
R/SCR.A/1597/2026 ORDER DATED: 04/02/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1597 of 2026
==========================================================
BHAGWATSINH KANJIBHAI CHAUHAN & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. BHARGAV K. CHAUHAN(19374) for the Applicant(s) No. 1,2,3
MS VRUNDA C SHAH, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 04/02/2026
ORAL ORDER
1. Learned advocate appearing for the petitioner does not
press the present application qua petitioner No. 2
(Ramchandrasinh Kanjibhai Chauhan).
2. Learned advocate for the applicant seeks permission to
withdraw this application qua petitioner No. 2. Permission as
prayed for is granted. Application stands disposed of as
withdrawn qua petitioner No. 2.
3. The matter has been settled between the parties qua the
other petitioners. The affidavits of the complainant as well as
of the victim is also produced on record. The victim is also
present before the court and he has no objection if the FIR in
question is ordered to be quashed and set aside qua petitioner
Nos. 1 and 3.
4. Present application is preferred by the Petitioner under
Section 528 of BNSS, seeking quashing of FIR No.
Page 1 of 3
R/SCR.A/1597/2026 ORDER DATED: 04/02/2026
11192015250251 of 2025 registered with Changodar Police
Station, Ahmedabad Rural for the offences punishable under
Sections 310(2), 352, 351(2), 324(2), 61(2)(a) of BNS.
5. Heard learned Advocate for the Applicant and learned
APP for the Respondent – State.
6. Rule. Learned APP waives service of notice for and on
behalf of the respondent – State.
7. Learned Advocate for the Petitioner 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.
8. Learned advocate Mr. Ruchit J. Vyas for complainant
shall file his appearance before the Registry.
9. Leaned Advocate Mr. Ruchit J. Vyas appearing on behalf
of Respondent No. 2 (Original Complainant), who is present
before this Court, has placed on record duly sworn in Affidavit
dated 28.01.2026. The same is ordered to be taken on record.
Learned Advocate has submitted that matter has been amicably
settled between the parties and there is no objection if present
application is allowed. The affidavit reads thus:
7.“I,therefore
,praythatiftheimpugnedFI RbeingCRNo.
11192015250251 of2025 r egis t
ered wi
th Changodar Po l
ice
Stat
ionon27. 02.2025fortheoffencesunderSec
tions310(2),352,
351(2)
, 324( 2), 61(2)
(a) of the B. N.
S againstt he present
peti
ti
onersac cusedNo.1t o3maybequas hedands etasidequa
Page 2 of 3
R/SCR.A/1597/2026 ORDER DATED: 04/02/2026
thepe ti
ti
oners,t
hen,Ihaveno obj e
ction.That
,Igi vea free
consentforquas hmentoft he af
ore
said FIR and Iha ve no
objec
tion iftheprayer
smadei nthepr ese
ntpe t
it
ion maybe
grant
e dquatheprese
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sbythisHon'bl
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."
10. 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 and is
hereby allowed qua petitioner No. 1 and 3. The FIR being CR
No. 11192015250251 of 2025 registered with Changodar Police
Station, Ahmedabad Rural is hereby quashed and set aside qua
petitioner No. 1 and 3.
Rule is made absolute.
(M. R. MENGDEY,J)
SAKSHI MAURYA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SAKSHI MAURYA(HC02367), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 06/02/2026 11:58:51
Page 3 of 3
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