High Court of Gujarat

JAY JAGDISHBHAI GAJERAversusSTATE OF GUJARAT

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

Holding

The application under Section 528 is allowed and the FIR is quashed.

Summary

The petitioner, Jay Jagdishbhai Gajera, filed a special criminal application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash FIR No. 11208051220813 registered in 2022 for offences under IPC sections 406, 420, 409, 454, 380, 114 and Section 135(1) of the Gujarat Police Act. Both the petitioner and the original complainant, Amitbhai Harshadbhai Sejpal, submitted affidavits stating that the matter had been amicably settled and they did not wish to pursue the complaint further. The court considered the affidavits and the parties’ submissions, and held that the FIR could be set aside in view of the settlement. Consequently, the application was allowed and the FIR was quashed with the rule made absolute. The order was pronounced by Justice M. R. Mengdey of the Gujarat High Court.

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.

Legislation cited

Bharatiya Nagarik Suraksha Sanhitas. 528
Gujarat Police Acts. 135(1)
Indian Penal Code, 1860s. 114, s. 380, s. 406, s. 409, s. 420, s. 454

Subjects

quashFIRamicable settlementcriminal procedureSection 528Bharatiya Nagarik Suraksha SanhitaIPC offencesGujarat Police Act

Judgment

      R/SCR.A/5469/2026                            ORDER DATED: 22/07/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 5469 of 2026

==========================================================
                          JAY JAGDISHBHAI GAJERA
                                   Versus
                             STATE OF GUJARAT
==========================================================
Appearance:
MR N P PANDYA(11241) for the Applicant(s) No. 1
MR. TRUPESH KATHIRIYA, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                              Date : 22/07/2026

                                  ORDER


1.      Present Petition is preferred by the Petitioner (Original Accused)
under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking
quashing of FIR No. 11208051220813 of 2022 registered with ‘B’
Division Police Station, Rajkot City for the offences punishable under
Sections 406, 420, 409, 454, 380 and 114 of the Indian Penal Code and
Section 135(1) of the G.P. Act.

2.      Heard learned Advocate for the Petitioner and learned APP for the
Respondent – State. Learned Advocate Mr. Dharm Raval appears and
states that he has received instructions to appear on behalf of Respondent
No.2 – Original Complainant and he would be filing his appearance
during the course of the day. Registry to accept the Vakalatnama.

3.      Rule. Learned APP waives service of notice for and on behalf of
the respondent – State and learned Advocate Mr. Raval waives service of
Rule on behalf of the Original Complainant. The Complainant is present
in the virtual mode and is identified by learned Advocate Mr. Dharm
Raval appearing on his behalf.


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      R/SCR.A/5469/2026                                                             ORDER DATED: 22/07/2026




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.

5.        Learned Advocate appearing on behalf Original Complainant –
Amitbhai Harshadbhai Sejpal, has placed on record the Affidavit dated
21.07.2026. 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
F.I.R. 11208051220813 of 2022 registered with ‘B’ Division Police
Station, Rajkot City for the offences punishable under Sections 406, 420,
409, 454, 380 and 114 of the Indian Penal Code and Section 135(1) of the
G.P. Act is hereby quashed and set aside qua the present Petitioner. Rule
is made absolute.

                                                                                         (M. R. MENGDEY,J)

J.N.W / 104




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 23/07/2026 10:54:11




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