Case Note & Summary
The petitioner, Dhumil Anjanbhai Patel, the original accused, filed a Special Criminal Application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. CR.No.I-105 of 2015 registered at DCB Police Station, Ahmedabad, for offences punishable under Sections 408 (criminal breach of trust), 420 (cheating) and 114 (abettor present when offence committed) of the Indian Penal Code. The matter was heard by the High Court of Gujarat at Ahmedabad, presided over by Honourable Mr. Justice J. L. Odedra. The petitioner was represented by learned Advocate Mr. Y.N. Ravani, the respondent No.1 (original complainant) by Mr. Manthan V. Shukla, and the respondent No.2 (State) by learned APP Mr. K.M. Antani. Rule was issued on 05.01.2016. On the date of final hearing, the petitioner's counsel submitted that the matter had been amicably settled between the parties and they were no longer willing to proceed with the complaint. The respondent No.1, Naresh Kaluram Prajapati, filed a duly sworn affidavit dated 08.10.2025, identified by his advocate, stating that he had gone through the petition and did not dispute the facts, and that the disputes and grievances had been amicably settled. He expressly stated that he had no objection if the FIR was quashed. The Court, after perusing the affidavit and hearing the parties, found that the settlement was genuine and that the complainant did not wish to pursue the matter. The Court held that continuing the proceedings would be an abuse of the process of law. Consequently, the Court allowed the application, quashed the FIR and all consequential proceedings, and disposed of the application. Rule was made absolute.
Headnote
A) Criminal Procedure - Quashing of FIR - Section 482 CrPC - Settlement between parties - The petitioner (original accused) sought quashing of FIR for offences under Sections 408, 420 and 114 IPC. The complainant filed an affidavit stating that the matter had been amicably settled and he had no objection to quashing. The Court, considering the settlement and the complainant's consent, quashed the FIR and all consequential proceedings. Held that when the complainant is not willing to proceed, continuation of proceedings would be an abuse of process of law. (Paras 1-6)
Issue of Consideration
Whether the FIR registered for offences under Sections 408, 420 and 114 of the Indian Penal Code should be quashed under Section 482 of the Code of Criminal Procedure, 1973, in light of the amicable settlement between the parties.
Final Decision
The application is allowed. FIR being CR.No.I-105 of 2015 registered with DCB Police Station, Ahmedabad and all consequential proceedings are quashed. Rule is made absolute.
Law Points
- Settlement between parties
- Quashing of FIR
- Section 482 CrPC
- Non-compoundable offences
- Amicable resolution
