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High Court of Gujarat

JAYDEEP RANJITAJI THAKORversusSTATE OF GUJARAT

Decided
Disposal
56-DISPOSED AT ADMISSION STAGE
Bench
D N RAY

Holding

In view of the amicable settlement between the parties, the continuation of the criminal proceedings would be futile and amount to abuse of process, hence the FIR is quashed.

Summary

The petitioner filed a special criminal application under Section 528 of the Bhartiya Nagrik Surksha Sanhita, 2023, seeking quashing of FIR I.CR.No. 11206020241182/2024 registered at Kadi Police Station, Mehsana, for offences under Sections 87 and 137(2) of the Bhartiya Nyay Sanhita, 2023. The respondent No.3, the original victim, filed an affidavit of compromise stating that the dispute had been amicably settled and that she is married to the petitioner. The victim appeared before the court and confirmed the genuineness of the affidavit. The court, relying on Gian Singh v State of Punjab and Nikhil Merchant v CBI, held that continuation of proceedings would be an abuse of process. Consequently, the court allowed the application and quashed the FIR and all consequential proceedings. Rule was made absolute.

Issues considered

  • Whether the FIR can be quashed on the basis of a compromise between the parties under Section 528 of the Bhartiya Nagrik Surksha Sanhita, 2023?
  • Whether continuation of proceedings would amount to abuse of process of law in view of the amicable settlement?

Legislation cited

Subjects

  • quashing of FIR
  • compromise
  • settlement
  • inherent powers
  • BNSS
  • BNS
  • abuse of process

Judgment

      R/SCR.A/6940/2026                                      ORDER DATED: 29/05/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6940 of 2026
==========================================================
                          JAYDEEP RANJITAJI THAKOR
                                    Versus
                           STATE OF GUJARAT & ORS.
==========================================================
Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
==========================================================
 CORAM:HONOURABLE MR.JUSTICE D.N.RAY

                                   Date : 29/05/2026

                                    ORAL ORDER

1.      Rule. Ms. Maithili Mehta, learned Additional Public

Prosecutor          waives    service      of    rule   on     behalf      of    State

respondent.



2.      Learned advocate Mr. R.S. Zeena states that he has

instructions to appear for respondent No.3 – original victim.

He is permitted to file his Vakalatnama.



3.      The      respondent        No.3     –   original     victim      viz.    Payal

Mukeshji Thakor is present before the Court and admits

correctness and genuineness of the affidavit filed by her

through his learned advocate. Learned advocate Mr. R.S.

Zeena        identifies      the     respondent         No.3       and      confirms

correctness and genuineness of the affidavit filed by her. On


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     R/SCR.A/6940/2026                           ORDER DATED: 29/05/2026




the affidavit of compromise and settlement filed on behalf of

the victim – respondent No.3, which is placed before this

Court, is taken on record.



4.     In the affidavit of the respondent No.3 annexed to as

Annexure-B (page-70), it has been stated that she is married

to the present petitioner.


5.     With the consent of learned advocate for the applicant

and learned advocate for respondents, present application is

taken up for final disposal today.



6.     By way of the present application under Section 528 of

the Bhartiya Nagrik Surksha Sanhita, 2023, the applicant pray

for quashing and setting aside the F.I.R. being I.CR.No.

11206020241182/2024 registered with Kadi Police Station,

District:      Mehsana   for   the     offence   punishable         under

Sections-87 and 137(2) of Bhartiya Nyay Sanhita, 2023.



7.     Learned advocate for the applicant has taken this Court

through the factual matrix arising out of the present

application.




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      R/SCR.A/6940/2026                      ORDER DATED: 29/05/2026




8.      At the outset, it is submitted that the parties have

amicably resolved the dispute. In support of such submission

made at bar by the learned advocates appearing for the

respective parties, they have placed on record affidavit of

settlement of dispute duly signed by the respondent No.3 –

original victim.



9.      Since now, the dispute with reference to the impugned

F.I.R. is settled and resolved by and between parties which is

confirmed by the original complainant through his learned

advocate, in view of the decision in case of Gian Singh V/s

State of Punjab & Anr. Reported in (2012) 10 SCC 303 and

Nikhil Merchant V/s Central Bureau of Investigation & Anr.

Reported in 2009(1) GLH 31, the trial would be futile and any

further continuation of proceedings would amount to abuse of

process of law. Therefore, the impugned F.I.R. is required to

be quashed and set aside.



10.     Resultantly, this application is allowed. Impugned F.I.R.

being I.CR.No. 11206020241182/2024 registered with Kadi

Police Station, District: Mehsana and all other consequential

proceedings arising out of said FIR are hereby quashed and



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      R/SCR.A/6940/2026                                                   ORDER DATED: 29/05/2026




set aside qua the applicant herein. Rule is made absolute to

the aforesaid extent. Direct service is permitted.




                                                                                         (D.N.RAY,J)
ROHAN SONI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ROHAN SONI(HC02356), ENGLISH STENO GRADE-II\, at High Court of Gujarat on 29/05/2026 14:34:35




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