High Court of Gujarat

PINALBEN JAGDISHBHAI PATELversusSTATE OF GUJARAT

Disposal: 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
Bench: M R MENGDEY

Holding

The Court allowed the application and quashed the consent order, holding that an amicable settlement and lack of objection justify setting aside the order under Section 528 of the BNSS.

Summary

Petitioner Pinalben Jiagdishbhai Patel filed a Special Criminal Application under Section 528 of the BNSS seeking to quash a consent order dated 16‑06‑2023 passed by the Chief Judicial Magistrate in Criminal Case No. 4711 of 2023, which related to several IPC offences. The State, represented by Mr Krutik Parikh, waived service of notice, and the original complainant, represented by Mr Mayur Dhumeliya, filed an affidavit stating that the matter had been amicably settled and there was no objection to the quashing. Both parties submitted that they no longer wished to pursue the complaint. The Court, after considering the affidavit and the parties’ submissions, held that the application was maintainable and that the consent order could be set aside. Consequently, the order of 16‑06‑2023 was quashed and the rule was made absolute.

Issues considered

Whether a consent order passed by a Chief Judicial Magistrate can be quashed under Section 528 of the BNSS when the parties have reached an amicable settlement.
Whether the waiver of notice by the State affects the Court’s power to entertain the application.

Legislation cited

Indian Penal Code, 1860s. 114, s. 120(B), s. 279, s. 323, s. 354(D), s. 356, s. 392, s. 394, s. 506(2)

Subjects

consent quashingSection 528BNSSamicable settlementcriminal procedureIndian Penal Codequash order

Judgment

      R/SCR.A/2683/2026                              ORDER DATED: 24/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
                         2683 of 2026

==========================================================
                          PINALBEN JIAGDISHBHAI PATEL
                                      Versus
                            STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR TULSHI R SAVANI(3070) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                Date : 24/02/2026

                                 ORAL ORDER


1.      Present application is preferred by the Petitioner under Section 528
of BNSS seeking quashing order dated 16.06.2023 passed by the learned
Chief Judicial Magistrate in Criminal Case No. 4711 of 2023 (arising out
of Inquiry Case No. 287 of 2022) for the offences punishable under
Sections 392, 394, 354(D), 356, 120(B), 323, 279, 506(2) and 114 of IPC.


2.      Heard learned Advocate for the Applicant and learned APP for the
Respondent – State.


3.      Rule. Learned APP waives service of notice for and on behalf of
the respondent – State.


4.      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.




                                    Page 1 of 2
        R/SCR.A/2683/2026                                                    ORDER DATED: 24/02/2026




 5.        Learned advocate Mr. Mayur Dhumeliya appearing for respondent
 No. 2 shall file his appearance before the Registry.



 6.        Learned Advocate Mr. Mayur Dhumeliya appearing on behalf of
 Respondent No. 2 (Original Complainant), has placed on record duly
 sworn in Affidavit dated 22.12.2025. 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.


 7.        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
 order dated 16.06.2023 passed by the learned Chief Judicial Magistrate in
 Criminal Case No. 4711 of 2023 (arising out of Inquiry Case No. 287 of
 2022) is hereby quashed and set aside.


           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 26/02/2026 12:16:30




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