AKASHKUMAR KALESHBHAI PARMARversusSTATE OF GUJARAT
- Disposal
- 58-RULE ISSUED & RULE ABSOLUTE/ALLOWED @FH
- Bench
- M R MENGDEY
Holding
The application is allowed and the order dated 05‑02‑2025 in Criminal Case No.1006 of 2023 is quashed.
Summary
The petitioner, Akashkumar Kaleshbhai Parmar, filed a Special Criminal Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the order dated 05‑02‑2025 in Criminal Case No.1006 of 2023. The petitioner claimed that the matter had been amicably settled with the original complainant and therefore wished to withdraw the complaint. The State of Gujarat and the original complainant, through their counsel, consented to the settlement and did not oppose the quashing. The court considered the affidavit of settlement and the parties' submissions, finding that the application was maintainable. Consequently, the court allowed the petition, quashed the earlier order, and directed the immediate release of the petitioner if he was in custody.
Issues considered
- Whether an order in a criminal case 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
Legislation cited
Subjects
Judgment
R/SCR.A/9664/2026 ORDER DATED: 08/07/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
9664 of 2026
==========================================================
AKASHKUMAR KALESHBHAI PARMAR
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR A A ZABUAWALA(6823) for the Applicant(s) No. 1
MR PRANAV DHAGAT, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 08/07/2026
ORDER
1. Present Petition is preferred by the Petitioner (Original
Accused) under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, seeking quashing of the order dated 05.02.2025 passed
in Criminal Case No.1006 of 2023 by learned Addl. Senior Civil
Judge and Addl. Chief Judicial Magistrate, Bayad, as well as all
other consequential proceedings arising out of the said
complaint.
2. Heard learned Advocate for the Petitioner and learned APP
for the Respondent – State. Learned Advocate Mr. Shivraj Shah
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 before the Registry. Registry to
accept the Vakalatnama.
3. Rule. Learned APP waives service of notice for and on
Page 1 of 2
R/SCR.A/9664/2026 ORDER DATED: 08/07/2026
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 Petitioner 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 of Original
Complainant has placed on record the Affidavit dated
08.07.2026. 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 the order dated 05.02.2025 passed in
Criminal Case No.1006 of 2023 by learned Addl. Senior Civil
Judge and Addl. Chief Judicial Magistrate, Bayad, as well as all
other consequential proceedings arising out of the said
complaint is hereby quashed and set aside qua the present
Petitioner. If the petitioner is in custody, he shall be released
forthwith. 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 13/07/2026 18:00:04
Page 2 of 2
Search Indian case law
Ask in plain English, not just keywords. 25,000 AI words free, no card.