High Court of Gujarat

MOHATAJI BHALAJI THAKORversusSTATE 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 with respect to the petitioners.

Summary

The petitioners, who were the original accused, filed a Special Criminal Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash FIR No. 11191045200064 (2020) that alleged offences under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code. The original complainant submitted an affidavit stating that the matter had been amicably settled and he had no objection to the quashing of the FIR. Both the State and the complainant waived service of notice. The Court considered the affidavit, the parties’ consent, and the provisions of Section 528, and held that the application was maintainable. Consequently, the Court allowed the petition, quashing the FIR with respect to the petitioners, and made the rule absolute.

Issues considered

Whether an FIR can be quashed on the basis of an amicable settlement between the accused and the complainant.
Whether Section 528 of the Bharatiya Nagarik Suraksha Sanhita permits quashing of an FIR for offences punishable under the Indian Penal Code.
Whether the consent of the original complainant is sufficient to dispose of the criminal proceeding.

Legislation cited

Bharatiya Nagarik Suraksha Sanhitas. 528
Indian Penal Code, 1860s. 120B, s. 420, s. 465, s. 467, s. 468, s. 471

Subjects

quash of FIRamicable settlementSection 528Bharatiya Nagarik Suraksha SanhitaIndian Penal Codeconsent of complainantspecial criminal application

Judgment

      R/SCR.A/15784/2025                             ORDER DATED: 05/02/2026




              IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
                        15784 of 2025

==========================================================
                       MAHOTAJ CHANDUJI THAKOR & ORS.
                                   Versus
                          STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR. ADIT V PANCHOLI(14657) for the Applicant(s) No. 1,2,3
MR. MEET THAKKAR, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                               Date : 05/02/2026

                                ORAL ORDER


1.       Present Petition is preferred by the Petitioners (Original Accused
Nos. 1, 2, 3) under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, seeking quashing of FIR No. 11191045200064 of 2020
registered with Sola High Court Police Station, Ahmedabad City for the
offences punishable under Sections 420, 465, 467, 468, 471, 120B of the
Indian Penal Code, 1860.

2.       Heard learned Advocate for the Petitioners and learned APP for the
Respondent – State. Learned Advocate Mr. Maulik S. Sheth appears and
states that he has received instructions to appear on behalf of Respondent
No.2 – Original Complainant and he would be filing his appearance
during the course of the day. Registry to accept the Vakalatnama.

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

4.       Learned Advocate for the Petitioner has submitted that the matter


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                 R/SCR.A/15784/2025                                                             ORDER DATED: 05/02/2026




          has been amicably settled between the parties and they are now not
          willing to proceed with the complaint any further.

          5.         The Affidavit dated 28.11.2025 of the Original Complainant –
          Vivekbhai Prahladbhai Patel is placed on record. He submitted that
          matter has been amicably settled between the parties and there is no
          objection if present Petition is allowed.


          6.         Considering averments made in the Affidavit filed by the Original
          Complainant stating that the matter has been amicably settled between the
          parties 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 F.I.R. 11191045200064 of 2020 registered with
          Sola High Court Police Station, Ahmedabad City for the offences
          punishable under Sections 420, 465, 467, 468, 471, 120B of the Indian
          Penal Code, 1860 is hereby quashed and set aside qua the present
          Petitioners. Rule is made absolute.


                                                                                                    (M. R. MENGDEY,J)
          J.N.W / 18




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: JAYANTILAL NARAYAN WAGHELA(HC00178), Principal Pvt. Secretary, at High Court of Gujarat on 06/02/2026 15:11:08




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