BUDHABHAI @ NARESHBHAI DHIRUBHAI AAHIR @ DANGARversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- M R MENGDEY
Holding
The Court allowed the application and quashed the FIR on the ground of an amicable settlement and consent of the complainant.
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.11198067250907 registered at Vartej Police Station, Bhavnagar for offences under the Bharatiya Nyaya Sanhita and the Money Laundering Act. The petitioners asserted that the matter had been amicably settled with the original complainant, who also filed an affidavit confirming the settlement and expressing no objection to the quashing. Both the State and the complainant waived service of notice. The Court, after considering the affidavits and submissions, held that the application was maintainable and that consent of the parties justified quashing the FIR. Consequently, the FIR was set aside with the rule made absolute. The order was signed by Justice M. R. Mengdey on 18 March 2026.
Issues considered
- Whether an FIR can be quashed on the basis of an amicable settlement between the accused and the complainant under Section 528 of the Bharatiya Nagarik Suraksha Sanhita.
- Whether the consent of the original complainant is sufficient to permit the quashing of the FIR without further inquiry.
Legislation cited
Subjects
Judgment
R/SCR.A/1827/2026 ORDER DATED: 18/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
1827 of 2026
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BUDHABHAI @ NARESHBHAI DHIRUBHAI AAHIR @ DANGAR & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS ALPA J DAVE(3924) for the Applicant(s) No. 1,2
MR.HARDIK SONI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 18/03/2026
ORAL ORDER
1. Present Petition is preferred by the Petitioners (Original
Accused) under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, seeking quashing of FIR No.11198067250907 of 2025
registered with Vartej Police Station, Bhavnagar for the offences
punishable under Sections 316(2), 318(2), 351(2) and 54 of the
Bharatiya Nyaya Sanhita and Section 5, 33, 40, 42(a) and 42(d)
of the Money Laundering Act.
2. Heard learned Advocate for the Petitioners and learned APP
for the Respondent – State. Learned Advocate Mr. K. I. Kazi
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. Registry to accept the
Vakalatnama.
3. Rule. Learned APP waives service of notice for and on
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R/SCR.A/1827/2026 ORDER DATED: 18/03/2026
behalf of the respondent – State and learned Advocate appearing
for the respondent complainant waives service of Rule on behalf
of the Original Complainant.
4. Learned Advocate for the Petitioners 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.
5. Learned Advocate appearing on behalf Original
Complainant has placed on record the Affidavit dated
18.03.2026. 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 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 No.11198067250907 of 2025 registered
with Vartej Police Station, Bhavnagar for the offences punishable
under Sections 316(2), 318(2), 351(2) and 54 of the Bharatiya
Nyaya Sanhita and Section 5, 33, 40, 42(a) and 42(d) of the
Money Laundering Act is hereby quashed and set aside qua the
present Petitioners. Rule is made absolute.
(M. R. MENGDEY,J)
NABILA
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NABILABANU MOHAMADNOOR PATNIJAMAT(HC00630), Private Secretary, at High Court of Gujarat on 25/03/2026 10:41:54
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