RAJUBHAI BADHABHAI MUCHALversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- M R MENGDEY
Holding
The Court held that the FIR is quashed and set aside on the basis of the parties' amicable settlement.
Summary
The petitioners filed a Special Criminal Application under Article 226 of the Constitution seeking quashing of FIR No.11216004230525 dated 25-10-2023, which alleged offences under Sections 323, 324 and 504 of the Indian Penal Code. Both parties asserted that the dispute had been amicably settled and the State waived service of notice. The State’s counsel submitted a sworn affidavit confirming the settlement and expressed no objection to the quashing. The Court considered the affidavit and the parties’ submissions and held that the FIR could be set aside on the basis of the consensual settlement. Consequently, the FIR was quashed and the order was made absolute.
Issues considered
- Whether an FIR can be quashed on the ground of an amicable settlement between the parties under Article 226 of the Constitution
Legislation cited
- Constitution of Indias. Article 226
- Indian Penal Code, 1860s. 323, s. 324, s. 504
Subjects
Judgment
R/SCR.A/3868/2026 ORDER DATED: 30/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
3868 of 2026
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RAJUBHAI BADHABHAI MUCHAL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DHAVALKUMAR L DESAI(11889) for the Applicant(s) No. 1
NIYANT R BHIMANI(8000) for the Respondent(s) No. 2
MR. KANVA ANTANI, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 30/04/2026
ORDER
1. Present application is preferred by the petitioners under Article 226 of
the Constitution of India seeking quashing of FIR No.11216004230525 of 2023
dated 25.10.2023 registered with Dabhoda Police Station, Gandhinagar for the
offences punishable under Sections 323, 324, 504 of the Indian Penal Code,
1860.
3. Heard learned Advocate for the petitioners 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 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.
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R/SCR.A/3868/2026 ORDER DATED: 30/04/2026
6. Learned Advocate appearing on behalf of Respondent No.2 (Original
Complainant) has placed on record duly sworn in Affidavit dated 03.02.2026.
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.
7. 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. 11216004230525 of 2023 dated 25.10.2023 registered with Dabhoda
Police Station, Gandhinagar 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 30/04/2026 15:02:42
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