Case Note & Summary
The applicant, Ghelubha Juvansinh Zala, filed a criminal miscellaneous application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking to quash FIR No. 11192011230031 of 2023 registered at Bopal Police Station, Ahmedabad (Rural), along with the charge-sheet and all consequential proceedings. The FIR alleged offences under Section 506(2) of the Indian Penal Code and Sections 40(c), 42(a), and 42(d) of the Gujarat Money Lenders Act, 2011. The applicant was the nephew of Narendrasinh Kanubha Parmar, a friend of the complainant's father, Nitinbhai Ghanshyambhai Mehta. The dispute arose from a money lending transaction in 2015. The parties, with the intervention of family members and friends, settled the matter amicably. The complainant, respondent no. 2, filed an affidavit confirming the settlement and stating no objection to the quashing of the FIR. The court, after hearing the parties, found that the dispute was private in nature and the settlement was genuine. The court held that continuing the proceedings would be an abuse of the process of law and quashed the FIR, charge-sheet, and all related proceedings to secure the ends of justice.
Headnote
A) Criminal Procedure - Quashing of FIR - Settlement - Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 - The applicant sought quashing of FIR and charge-sheet for offences under Section 506(2) IPC and Gujarat Money Lenders Act, 2011. The parties settled the dispute amicably. The Court held that since the dispute is private and settlement is genuine, the FIR and all proceedings are quashed to secure the ends of justice. (Paras 1-5) B) Money Lending - Offences under Gujarat Money Lenders Act - Sections 40(c), 42(a), 42(d) - The complainant alleged that the applicant was involved in money lending without license and used criminal intimidation. The Court noted that the dispute was essentially a private money lending matter and the settlement between the parties warranted quashing. (Paras 2-5)
Issue of Consideration
Whether the FIR and charge-sheet for offences under Section 506(2) IPC and Sections 40(c), 42(a) & 42(d) of the Gujarat Money Lenders Act, 2011 should be quashed in light of a settlement between the parties.
Final Decision
The court allowed the application and quashed FIR No. 11192011230031 of 2023, charge-sheet, and all consequential proceedings.
Law Points
- Quashing of FIR
- Settlement
- Compounding of Offences
- Section 528 BNSS
- Section 506 IPC
- Gujarat Money Lenders Act
