Authority: High Court of Gujarat, Ahmedabad
Order Date: 12 June 2026
Case Overview
- Petitioners: Muna @ Mukeshbhai Gigabhai Fangaliya & Anr (original accused Nos. 7 and 8); Respondents: State of Gujarat & Anr.
- Petition filed under Article 226 of the Constitution read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quash of FIR No. 11208037260349 registered at Kuvadva Road Police Station, Rajkot City for offences under Sections 109(1), 118(1), 115(1), 351(3), 189(2), 190, 191(2), 191(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 135(1) of the GP Act.
- During pendency, parties settled amicably; the de‑facto complainant filed an affidavit confirming settlement and stating no objection to quashing the FIR and all related proceedings.
- The Court examined the wide powers under Section 528 BNSS, emphasizing caution, and referred to Supreme Court precedents (CBI v. Ravi Shankar Srivastava, Gian Singh v. State of Punjab, Madan Mohan Abbot v. State of Punjab, Nikhil Merchant v. CBI, Narinder Singh & Ors. v. State of Punjab).
- Finding that continuation of prosecution would be futile and an abuse of process, the Court decided to exercise its extraordinary jurisdiction to quash the FIR.
Final Outcome
- The petition is allowed; FIR No. 11208037260349 and all consequential proceedings against the petitioners are quashed and set aside.
- The rule is made absolute to the aforesaid extent and direct service of the order is permitted.
Topics: Criminal Procedure, Judicial Quashing