DHAIRYA PALLAV PARIKHversusSTATE OF GUJARAT
- Disposal
- 38-RULE ABSOLUTE/ALLOWED @ FH
- Bench
- L ODEDRA
Holding
In view of the amicable settlement between the parties and the complainant's no-objection affidavit, the FIR is quashed in exercise of inherent powers to prevent abuse of process and secure ends of justice.
Summary
The applicants filed a Special Criminal Application under the Bharatiya Nagrik Suraksha Sanhita, 2023 seeking quashing of FIR No. 11824008250002 of 2025 registered with Mahila Police Station, Tapi, for offences under Sections 85, 86, 115(2), 352 and 54 of the Bharatiya Nyay Sanhita, 2023. The applicants and respondent No. 2, the original complainant, amicably settled the dispute outside court. Respondent No. 2 filed an affidavit dated 16.01.2026 stating that the settlement was voluntary, without coercion, and that she had no objection to quashing the complaint. The complainant's advocate confirmed the settlement and supported allowing the application. The State was represented by the APP. Considering the affidavit and submissions, the High Court allowed the application and quashed the FIR qua the applicants. Rule was made absolute.
Issues considered
- Whether the FIR can be quashed in exercise of inherent powers under the Bharatiya Nagrik Suraksha Sanhita, 2023 on the basis of an amicable settlement between the parties?
- Whether the complainant's affidavit stating no objection and no coercion justifies quashing of the FIR?
Subjects
Judgment
R/SCR.A/6851/2025 ORDER DATED: 25/03/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6851 of 2025
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DHAIRYA PALLAV PARIKH & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
KAASH K THAKKAR(7332) for the Applicant(s) No. 1,2,3
MS.DILBUR CONTRACTOR(6388) for the Respondent(s) No. 2
MR K M ANTANI, APP for the Respondent(s) No. 1
VIDIT S SHARMA(7365) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR.JUSTICE J. L. ODEDRA
Date : 25/03/2026
ORAL ORDER
1. Present application is preferred by the Applicants under
Section 582 of the Bharatiya Nagrik Suraksha Sanhita, 2023, seeking
quashing of FIR No. 11824008250002 of 2025 registered with
Mahila Police Station, Tapi for the offences punishable under
Sections 85, 86, 115(2), 352, 54 of the Bharatiya Nyay Sanhita,
2023.
2. Heard learned Advocate for the Applicants and learned APP
for the Respondent – State.
3. Rule. Learned APP waives service of notice for and on behalf
of the respondent – State.
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R/SCR.A/6851/2025 ORDER DATED: 25/03/2026
4. Learned Advocate for the Applicants 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. Leaned Advocate Mr. Vidit S. Sharma appearing on behalf of
Respondent No. 2 (Original Complainant), who is virtually present
before this Court, has invited the attention of this Court to the
affidavit sworn by respondent no.2, dated 16.01.2026. Learned
Advocate has submitted that matter has been amicably settled
between the parties and there is no objection if present application
is allowed. The affidavit reads thus:
“ 1. Aaishani d/o Rajivkumar Jankray Shah, Adult. Female,
residing at. 3. Ashish Nagar Society, College Road, Vyara, Dist.
Tapi, original complainant, hereby solemnly affirm and state on
oath as under:
1. I say and submit that I am the complainant of the
complaint of F.I.R. being C.R. No. 11824008250002 of 2025
registered with Mahila Police Station, Tapi dated 18.02.2025
for the offences punishable under Sections 85, 86, 115(2),352
and 54ns of the Bharatiya Nyava Sanhita, 2023
2. I respectfully submit that in pursuance of the aforesaid
complaint, at the instance of family members, community
leaders and mediators, settlement has been arrived qua the
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R/SCR.A/6851/2025 ORDER DATED: 25/03/2026
present petitioners outside the court, and therefore, I do not
want to proceed further with above mentioned complaint.
3. I respectfully submit that the complaint was filed because
the dispute was not settled earlier and now it is settled
amicably, outside the court.
4. The petitioners herein have settled their issue with me and
the same has been settled by way of compromise, and
therefore, the complaint is required to be quashed and set
aside.
5. I say that the petitioners have not forced me into anything.
6. I say that I do not have any objection if the complaint
filed by me is quashed and set aside by this Hon’ble Court
qua the petitioner in exercise of its inherent power under
Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023.”
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 being CR No. 11824008250002 of 2025
registered with Mahila Police Station, Tapi, is hereby quashed and
set aside qua the present applicants.
Rule is made absolute.
(J. L. ODEDRA, J)
PD
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 27/03/2026 16:48:33
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