High Court of Gujarat

HEMANT RAMSINGH PARDESHI (KAHAR)versusSTATE OF GUJARAT

Disposal: 44-PARTLY ALLOWED @ FH
Bench: M R MENGDEY

Holding

The FIR is quashed and set aside for petitioners No.02 and 04 as the matter has been amicably settled and there is no objection from the complainant.

Summary

Petitioners No.02 and 04 filed a special criminal application under Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking quash of FIR No.11210003250994 dated 28‑10‑2025, which alleged offences under the Bharatiya Nyaya Sanhita, Gujarat Police Act and the SC/ST (Prevention of Atrocities) Act. They asserted that the dispute had been amicably settled and the original complainant consented to withdrawal. The original complainant filed an affidavit confirming the settlement and raised no objection to the quash. The High Court, after considering the affidavit and the parties’ submissions, held that the FIR could be set aside on the basis of the settlement and allowed the application, quashing the FIR for petitioners No.02 and 04. It also granted permission to withdraw the petition for petitioners No.01 and 03, disposing of those parts of the petition.

Issues considered

The court's jurisdiction to quash an FIR under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita.
Whether an amicable settlement between the parties and the complainant's consent justify quashing the FIR.
Whether the statutory provisions under the Bharatiya Nyaya Sanhita, Gujarat Police Act and the SC/ST (Prevention of Atrocities) Act preclude such quash.

Legislation cited

Bharatiya Nagarik Suraksha Sanhitas. Section 528
Constitution of Indias. Article 226
Gujarat Police Acts. Section 135
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989s. Section 3(2)(5), s. Section 3(2)(va)

Subjects

quash of FIRamicable settlementArticle 226Section 528Bharatiya Nyaya SanhitaSC/ST (Prevention of Atrocities) ActGujarat Police ActHigh Court jurisdictionspecial criminal application

Judgment

      R/SCR.A/15676/2025                        ORDER DATED: 17/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15676 of 2025

==========================================================
                HEMANT RAMSINGH PARDESHI (KAHAR) & ORS.
                                 Versus
                        STATE OF GUJARAT & ANR.
==========================================================
Appearance:
THAKKAR AND PAHWA ADVOCATES(1357) for the Applicant(s) No. 1,2,3,4
MS. TITHI Y. THAKKAR(18920) for the Respondent(s) No. 2
MS VRUNDA SHAH, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                            Date : 17/02/2026

                             ORAL ORDER
1.       Learned advocate appearing for the petitioners seeks
permission to withdraw the present petition qua petitioner
nos.01 and 03.

2.       Permission as prayed for is granted. The present petition
stands disposed of qua the petitioner nos.01 and 03.

3.       Present application is preferred by the petitioner nos.02
and 04 under Article 226 of the Constitution of India read with
Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking
quashing of FIR No.11210003250994 of 2025 dated 28.10.2025
registered with Adajan Police Station, Surat City for the offences
punishable under Sections 115(2), 309(4), 296(b), 351(3) and 54
of the Bharatiya Nyaya Sanhita, under Section 135 of the
Gujarat Police Act and under Sections 3(2)(5) and 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989.

4.       Heard learned Advocate for the petitioner nos.02 and 04,


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           R/SCR.A/15676/2025                                                               ORDER DATED: 17/02/2026




    learned advocate appearing for the respondent no.02(Original
    Complainant) and learned APP for the Respondent – State.

    5.         Rule. Learned APP waives service of notice of Rule for and
    on behalf of the respondent – State. Learned advocate Mr. Tithi
    Y. Thakkar appearing for the                                          Respondent No.2 (Original
    Complainant) waives service of notice of Rule for the Respondent
    No.2 (Original Complainant).

    6.         Learned Advocate for the petitioner nos.02 and 04 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.

    7.         Leaned Advocate Ms. Tithi Y. Thakkar appearing on behalf
    of Respondent No.2 (Original Complainant) has placed on record
    duly sworn in Affidavit dated 11.12.2025. The same is ordered to
    be taken on record. Learned Advocate has submitted that matter
    has been amicably settled between the parties and there is no
    objection if present application 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 qua the petitioner nos.02 and 04. The FIR being
    CR No. 11210003250994 of 2025 dated 28.10.2025 registered
    with Adajan Police Station, Surat City is hereby quashed and set
    aside qua the petitioner nos.02 and 04.

               Rule is made absolute.

                                                                                                (M. R. MENGDEY,J)
    AHS
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMIT SONAGARA(HCD0079), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 23/02/2026 11:26:40

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