High Court of Gujarat

PRAKASHBHAI MANSUKHLAL THAKKARversusSTATE OF GUJARAT

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

Holding

The Court held that the FIR should be quashed as the parties have amicably settled the matter and there is no objection from the complainant.

Summary

Petitioners Prakshbai Mansukhlal Thakkar and another filed a Special Criminal Application under Article 226 of the Constitution seeking quashing of FIR No.11993006260338 dated 19 March 2026, which alleged offences under Sections 308(2) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 40, 42(a), 42(d) and 42(e) of the Gujarat Money Lenders Act. The petitioners asserted that the dispute had been amicably settled and that they had no prior criminal antecedents. The original complainant, appearing as Respondent No.2, submitted an affidavit confirming the settlement and expressed no objection to the quashment. The Court, after considering the affidavit and the parties' submissions, allowed the application, quashing the FIR as to the petitioners. The order was made absolute, effectively dismissing the criminal proceedings against the petitioners.

Issues considered

The applicability of Article 226 for quashing an FIR on the ground of amicable settlement.
Whether an FIR can be set aside when the parties have resolved the dispute and the accused have no prior antecedents.
The relevance of the specific provisions of the Bharatiya Nyaya Sanhita, 2023 and the Gujarat Money Lenders Act in the context of a quashment application.

Legislation cited

Bharatiya Nyaya Sanhita, 2023s. 308(2), s. 351(2)

Subjects

quashment of FIRSpecial Criminal ApplicationArticle 226amicable settlementcriminal procedureBharatiya Nyaya SanhitaGujarat Money Lenders Act

Judgment

      R/SCR.A/5184/2026                                ORDER DATED: 16/04/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
                         5184 of 2026

==========================================================
                 PRAKSHBHAI MANSUKHLAL THAKKAR & ANR.
                                Versus
                       STATE OF GUJARAT & ANR.
==========================================================
Appearance:
K T BELADIYA(9101) for the Applicant(s) No. 1,2
MR. UTKARSH SHARMA, APP for the Respondent(s) No. 1
==========================================================

     CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                               Date : 16/04/2026

                                ORAL ORDER


1.      Learned Advocate Mr. Vipul I. Desai appearing for the original
complainant shall file his appearance before the Registry.


2.      Present application is preferred by the petitioners under Article 226 of
the Constitution of India seeking quashing of FIR No.11993006260338 of 2026
dated 19.03.2026 registered with Gandhidham ‘A’ Division Police Station,
Kachchh East Gandhidham for the offences punishable under Sections 308(2)
& 351(2) of the Bharatiya Nyaya Sanhita, 2023 as well as Sections 40, 42(a),
42(d) and 42(e) of the Gujarat Money Lenders Act.

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.




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       R/SCR.A/5184/2026                                                     ORDER DATED: 16/04/2026




 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. Further, he has submitted the present
 petitioners are having no other antecedents except the present FIR.

 6.        Learned Advocate Mr. Vipul I. Desai appearing on behalf of
 Respondent No.2 (Original Complainant) has placed on record duly sworn in
 Affidavit dated 09.04.2026. 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.11993006260338 of 2026 dated 19.03.2026 registered with Gandhidham
 ‘A’ Division Police Station, Kachchh East Gandhidham is hereby quashed and
 set aside qua the present petitioners only. 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 17/04/2026 10:18:29




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