High Court of Gujarat

LAKHUBHAI ABUBHAI PARMARversusSTATE 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 petitioners, who are the original accused, filed a special criminal application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking the quashing of FIR No.11215029260144 registered at Tarapur Police Station, Anand for alleged violations of Sections 4(3), 5(C) and 5(E) of the Gujarat Land Grabbing (Prohibition) Act. The original complainant filed an affidavit stating that the dispute had been amicably settled and that she had no objection to the FIR being set aside. Both the State and the complainant waived service of notice. The court considered the affidavit and the parties’ submissions. Finding that the settlement was genuine and that the complainant consented, the court allowed the application and quashed the FIR.

Issues considered

Whether an FIR can be quashed on the basis of an amicable settlement and the complainant’s consent under Section 528 of the Bharatiya Nagarik Suraksha Sanhita?

Legislation cited

Bharatiya Nagarik Suraksha Sanhitas. 528

Subjects

quashing of FIRamicable settlementSection 528Gujarat Land Grabbing Actspecial criminal applicationconsent of complainant

Judgment

      R/SCR.A/5883/2026                              ORDER DATED: 22/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
                             5883 of 2026

==========================================================
                      LAKHUBHAI ABUBHAI PARMAR & ORS.
                                    Versus
                          STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR AMIT N CHAUDHARY(5599) for the Applicant(s) No. 1,2,3,4,5,6
JASHWANT SHAH, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                              Date : 22/06/2026

                                   ORDER

1.      Present Petition is preferred by the Petitioners (Original
Accuseds) under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, seeking quashing of FIR No.11215029260144 of 2026
registered with Tarapur Police Station, Anand for the offences
punishable under Sections 4(3), 5(C), 5(E)Sections of the
Gujarat Land Grabbing (Prohibition) Act, .

2.      Heard learned Advocate for the Petitioners and learned
APP for the Respondent – State.                   Learned Advocate Ms.
Shweta Parmar for learned advocate Ms. Alka Patel appears
and states that she has received instructions to appear on
behalf Original Complainant and she would be filing her
appearance during the course of the day.              Registry to accept
the Vakalatnama.



                                  Page 1 of 3
     R/SCR.A/5883/2026                                        ORDER DATED: 22/06/2026




3.     Rule.       Learned APP waives service of notice for and on
behalf of the respondent – State and learned Advocate Ms.
Shweta Parmar waives service of Rule on behalf of the
Original Complainant.

4.     Learned Advocate for the Petitioners 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.     Leaned            Advocate       appearing        on      behalf        Original
Complainant,             has   placed    on     record    the      Affidavit      dated
20.04.2026. She submitted that matter has been amicably
settled between the parties and there is no objection if present
Petition is allowed. The relevant paragraphs from the Affidavit
reads thus:

       “3) I say and submits that I am original complainant of
       FIR no 11215029260144 of 2026 lodged at Tarapur Police
       station, ANAND on 14/04/2026 offence registered u/s
       4(3),5(C),5(E) of Gujarat Land Grabbing (prohibition) act
       against petitioners. I say and submits that there is
       amicable settlement has been arrived between the party.
       I say and submits that I am authorize person to appear
       before this honorable high court and I have no any
       objection if above FIR & other consequence proceeding of
       the FIR against the petitioners to be quash and set aside
       by mercy of this honorable high court in interest of
       justice. I say and submits that I am complainant and I
       have no any grievance against petitioners as settlement
       has been arrived and all dispute and grievance settle due
       to elder member of the community. I have no any
       objection if present Fir & other consequence proceeding
       of the FIR is quashed and set aside by mercy of this
       honorable high court.”

                                        Page 2 of 3
       R/SCR.A/5883/2026                                                  ORDER DATED: 22/06/2026




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.11215029260144                     of     2026
registered          with Tarapur               Police         Station,      Anand         is     hereby
quashed and set aside qua the present Petitioners. Rule is
made absolute.


                                                                          (M. R. MENGDEY,J)
SHRIJIT PILLAI

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PILLAI SHRIJIT P(HC01400), PRIVATE SECRETARY, at High Court of Gujarat on 23/06/2026 10:59:29




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