High Court of Gujarat

DILIP MANCHHALAL PARIHARversusSTATE OF GUJARAT

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

Holding

The High Court allowed the application and quashed the FIR.

Summary

Petitioner Dilip Manchhalal Parihar filed a Special Criminal Application under Article 226 of the Constitution seeking quashing of FIR No.11191011240307 dated 27‑11‑2024, which alleged offences under Sections 406, 409 and 420 of the IPC. An earlier similar petition (SCRA No.16573 of 2024) had been dismissed, but the parties subsequently settled the dispute and the original complainant consented to the quashment. The State waived service of notice. The Court, after considering the affidavit of the complainant and the parties' submissions, allowed the present application and ordered the FIR to be quashed and set aside.

Issues considered

What is the appropriate jurisdiction of the High Court under Article 226 to quash an FIR when the parties have settled and the complainant consents?
Whether a subsequent petition for quashment can be entertained after an earlier similar petition was dismissed.

Legislation cited

Constitution of Indias. Article 226
Indian Penal Code, 1860s. 406, s. 409, s. 420

Subjects

quashment of FIRArticle 226settlement of criminal disputeIPC sections 406, 409, 420Special Criminal ApplicationGujarat High Court

Judgment

      R/SCR.A/12504/2025                                   ORDER DATED: 03/03/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12504 of 2025

==========================================================
                           DILIP MANCHHALAL PARIHAR
                                     Versus
                            STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR.KARANSINH SOLANKI(6541) for the Applicant(s) No. 1
MR. KANVA ANTANI, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                 Date : 03/03/2026

                                  ORAL ORDER


1.       Learned Advocate Mr. D.M. Ahuja shall file his appearance before the
Registry.


2.       Present application is preferred by the petitioner under Article 226 of the
Constitution of India seeking quashing of FIR No.11191011240307 of 2024
dated 27.11.2024 registered with DCB Police Station, Ahmedabad City for the
offences punishable under Sections 406, 409, 420 of the Indian Penal Code,
1860.

3.       Heard learned Advocate for the petitioner and learned APP for the
Respondent – State.

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

5.       Learned Advocate for the petitioner has submitted that the matter has
been amicably settled between the parties and they are now not willing to


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      R/SCR.A/12504/2025                                                    ORDER DATED: 03/03/2026




proceed with the complaint any further. He further submitted that the petitioner
is not having any other antecedents.

6.       Learned Advocate Mr. Mr. D.M. Ahuja appearing on behalf of
Respondent No.2 (Original Complainant) has placed on record duly sworn in
Affidavit dated 13.01.2025.


7.         From the record, it appears that the petitioner had earlier preferred
SCRA No.16573 of 2024 with a prayer for quashment of the impugned FIR.
However, the said petition was dismissed by this Court vide order dated
18.12.2024 and thereafter, the present successive petition has been filed by the
petitioner with the very same prayer. However, after dismissal of the earlier
petition, the matter has been settled between the parties and the complainant
who is also present before the Court has submitted that he has no objection if
the petition be allowed and the FIR in question is quashed. Thus, the
circumstances has changed after the dismissal of the earlier petition.



8.       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 being CR
No.11191011240307 of 2024 dated 27.11.2024 registered with DCB Police
Station, Ahmedabad City is hereby quashed and set aside. Rule is made
absolute.




                                                                                (M. R. MENGDEY,J)
RAVI OZA


Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: RAVI OZA(HCW0111), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 05/03/2026 16:26:33




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