Authority: High Court of Gujarat at Ahmedabad
Order Date: 14/09/2026
Case Overview
- Applicants: Chirag Bhikhabai Bhuva & Ors.; Respondent: State of Gujarat & Anr.
- Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quash of FIR Part‑A C.R.No.11210010260727 of 2026, registered at Laskana Police Station, Surat, for offences under Sections 85 and 54 of the Bharatiya Nyaya Sanhita, 2023.
- The de facto complainant, the victim, and the victim’s brother submitted affidavits stating that the dispute has been resolved amicably and they have no objection to the quashing of the criminal proceedings.
- The complainant and victim appeared before the Court via video conference and unequivocally confirmed the compromise and their lack of objection to the FIR’s quash.
- Counsel for the parties waived service; the Court considered the wide powers under Section 528 BNSS and referenced Supreme Court precedents (e.g., Central Bureau of Investigation v. Ravi Shankar Srivastava, AIR 2006 SC 2872; Gian Singh Vs. State of Punjab, (2012) 10 SCC 303; Madan Mohan Abbot Vs. State of Punjab, (2008) 4 SCC 582; Nikhil Merchant Vs. CBI, 2009 (1) GLH 31; Narinder Singh & Ors. Vs. State of Punjab, 2014 (2) Crime 67).
- The Court concluded that continuation of the prosecution would be futile and an abuse of process, given the mutual settlement and lack of grievance.
Final Outcome
- The application is allowed. The FIR No.11210010260727 and all consequential proceedings are quashed and set aside.
- If any of the applicants are in custody, the concerned jail authority is directed to release them forthwith.
- The rule is made absolute to the aforesaid extent and direct service is permitted.
Topics: Criminal Procedure, Judicial Settlement