PRAKASHBHAI BABULAL GELOTversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- M R MENGDEY
Holding
The application under Section 528 BNS is allowed and the FIR and all related proceedings are quashed.
Summary
The petitioner, the original accused, filed a special criminal application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNS) seeking the quashal of FIR No.11195019251204 registered at Deesa Rural Police Station for alleged offences under Sections 108, 351(3) and 54 of the BNS. The petitioner claimed that the matter had been amicably settled with the complainant and therefore wished to withdraw the complaint. The complainant, through an affidavit dated 30.03.2026, confirmed the settlement and expressed no objection to the quashal. Both parties waived service of notice. The Court, after considering the affidavit and the parties' submissions, held that the application was maintainable and allowed it, quashing the FIR and all consequential proceedings. The order was made absolute, effectively disposing of the petition.
Issues considered
- Whether an FIR filed under Sections 108, 351(3) and 54 of the Bharatiya Nagarik Suraksha Sanhita can be quashed under Section 528 of the same Act when the parties have reached an amicable settlement.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhitas. 108, s. 351(3), s. 528, s. 54
Subjects
Judgment
R/SCR.A/17129/2025 ORDER DATED: 07/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 17129 of 2025
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PRAKASHBHAI BABULAL GELOT
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HRIDAY BUCH with DENISHKUMAR B MORAKHIA(8968) for the
Applicant(s) No. 1
MR KEVAL R DHOLAKIYA(12277) for the Respondent(s) No. 2
MR P P MAJMUDAR(5284) for the Respondent(s) No. 2
MS. MAITHILI MEHTA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 07/04/2026
ORAL ORDER
1. Drat amendment is allowed and the same is ordered to be
carried out forthwith.
2. Present Petition is preferred by the Petitioner (Original
Accused) under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, seeking quashing of FIR No.11195019251204 of 2025
registered with Deesa Rural Police Station, for the offences
punishable under Section 108, 351(3) and 54 of the BNS as well
as all other consequential proceedings arising out of the said
F.I.R..
3. Heard learned Advocate for the Petitioner and learned APP
for the Respondent – State.
4. Rule. Learned APP waives service of notice for and on
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R/SCR.A/17129/2025 ORDER DATED: 07/04/2026
behalf of the respondent – State and learned Advocate appearing
for the respondent complainant waives service of Rule on behalf
of the Original Complainant.
5. 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.
6. Learned Advocate appearing on behalf Original
Complainant has placed on record the Affidavit dated
30.03.2026. He submitted that matter has been amicably settled
between the parties and there is no objection if present Petition
is allowed.
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 and is
hereby allowed. The FIR No.11195019251204 of 2025 registered
with Deesa Rural Police Station, for the offences punishable
under Section 108, 351(3) and 54 of the BNS as well as all other
consequential proceedings arising out of the said F.I.R. are
hereby quashed and set aside qua the present Petitioner. Rule is
made absolute.
(M. R. MENGDEY,J)
NABILA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NABILABANU MOHAMADNOOR PATNIJAMAT(HC00630), Private Secretary, at High Court of Gujarat on 10/04/2026 14:16:24
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