Case Note & Summary
The present application was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the applicants-accused, who are the daughter-in-law of the deceased and her family members, seeking to quash and set aside the First Information Report being C.R.No.11205039260071 of 2026 registered with Madhapar Police Station, Kachchh West (Bhuj), for the offences punishable under Sections 108 and 54 of the Bharatiya Nyaya Sanhita, 2023, as well as all consequential proceedings arising pursuant thereto. Initially, the application was filed for consent quashing, but considering the gravity and seriousness of the offence, the matter was heard on merits. The court heard learned advocate Mr. Chirag Aydi for the applicants, learned APP Mr. Manan Maheta for the respondent No.1 - State, and learned advocate Mr. G.K. Gadhavi for the respondent No.2 - original complainant. The complainant, who is the son of the deceased, was personally present before the court and produced his identity proof. He also filed an affidavit annexed as Annexure 'B' to the application, in which he categorically stated that with the intervention of friends and family members, the dispute has been amicably settled between the parties and he has no objection if the FIR is quashed. The court, considering the settlement and the fact that the dispute is essentially private in nature, held that continuing the proceedings would be futile and an abuse of the process of law. Accordingly, the court allowed the application and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure - Quashing of FIR - Settlement between parties - Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 - The applicants-accused, being daughter-in-law of deceased and her family members, sought quashing of FIR for offences under Sections 108 and 54 BNS. The complainant, son of deceased, filed affidavit stating settlement with accused and no objection to quashing. Court held that since the dispute is essentially private in nature and parties have amicably settled, continuation of proceedings would be futile and an abuse of process of law. FIR quashed. (Paras 1-6)
Issue of Consideration
Whether the FIR and consequential proceedings for offences under Sections 108 and 54 of the Bharatiya Nyaya Sanhita, 2023 should be quashed on the basis of settlement between the complainant and the accused?
Final Decision
The application is allowed. The FIR being C.R.No.11205039260071 of 2026 registered with Madhapar Police Station, Kachchh West (Bhuj) and all consequential proceedings arising therefrom are quashed and set aside. Rule is made absolute.
Law Points
- Quashing of FIR
- Consent quashing
- Settlement between parties
- Inherent powers under Section 528 BNSS
- Offences under Sections 108 and 54 BNS
