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
- Bhartiya Nagrik Surksha Sanhita, 2023 — s. 528
- Bhartiya Nyay Sanhita, 2023 — s. 137(2), 87
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
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JAYDEEP RANJITAJI THAKOR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
O I PATHAN(7684) for the Applicant(s) No. 1
MS MAITHILI MEHTA, APP for the Respondent(s) No. 1
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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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