Gujarat High Court
Jitu @ Jitu Dubai Dilumal Krishnani vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.MA/9458/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 9458 of 2026
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JITU @ JITU DUBAI DILUMAL KRISHNANI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KISHAN R CHAKWAWALA(9846) for the Applicant(s) No. 1,2
MR RM CHAKWAWALA(1519) for the Applicant(s) No. 1
MR RUTURAJ NANAVATI(5624) for the Respondent(s) No. 2
MS.C.M.SHAH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE S.V. PINTO
Date : 29/04/2026
ORAL ORDER
1. Rule returnable forthwith. Learned APP Mr.Aditya Jadeja and learned advocate Mr.Ruturaj Nanavati waive service of notice of rule for the respective respondents.
2. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the FIR being C.R.No.I - 99 of 2019 registered with Sardarnagar Police Station for the offences under Sections 307, 395, 397, 384 etc. of Indian Penal Code, u/s 135(1) of the G.P.Act and all the consequential proceedings arising therefrom.
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NEUTRAL CITATION R/CR.MA/9458/2026 ORDER DATED: 29/04/2026 undefined
4. Heard learned advocate Mr.Kishan R. Chakwawala for the applicants, learned APP Mr. Aditya Jadeja for the respondent no.1 - State and learned advocate Mr. Ruturaj Nanavati for the respondent no.2 - original complainant.
5. Learned advocate Mr.Kishan R. Chakwawala for the applicants submits that the dispute between the parties has been amicably settled between the parties and the respondent no.2 - original complainant does not wish to prosecute the matter further. The compromise has been entered into voluntarily, without any coercion, undue influence or pressure and, therefore, the respondent no.2 has no objection if the impugned FIR as well as all the other consequential proceedings arising pursuant thereto are quashed against the applicants - accused.
6. Learned advocate Mr. Ruturaj Nanavati for the respondent no.2 - original complainant submits that on 23.04.2026, the respondent no.2 - original complainant was present before this Court and had produced his affidavit stating that the dispute between the parties is amicably settled and he Page 2 of 11 Uploaded by F.S. KAZI(HC01075) on Sat May 02 2026 Downloaded on : Tue May 05 02:17:23 IST 2026 NEUTRAL CITATION R/CR.MA/9458/2026 ORDER DATED: 29/04/2026 undefined has no objection if the impugned FIR is quashed The affidavit filed by the respondent no. 2 is taken on record. Learned advocate further submits that the victim - injured is present in person before this Court and has produced his affidavit, which is taken on record. Learned advocate submits that considering the fact that the dispute between the parties is amicably settled, the parties have no objection if the impugned FIR is be quashed.
7. Learned APP Mr. Aditya Jadeja for the respondent no.1 - State submits that the contents of the FIR are just and proper; however, considering the fact that the dispute between the parties is amicably settled, necessary order may be passed.
8. The affidavit filed by the respondent no. 2 - original complainant reads as under:
I, NARESHKUMAR RAMGOPAL SHARMA, Aged: Adult, Male, Hindu, Occupation: Business, Residing at:
Bunglow No.1, 2 Shailraj Bunglows, Ramdevnagar, Satelite, Ahmedabad, is First informant in F.I.R. being CR. No.1-99 of registered with the Sardarnagar Police Station, Ahmedabad City for the offences punishable under Sections- 307, 395, 397, 384, 201 and 120-B of Indian Penal Code, 1860 read with Section 135(1) of G.P.Act. I further say and submit that I further state on oath and solemnly affirm that;
1. I say and submit that the undersigned being injured witness and applicants Page 3 of 11 Uploaded by F.S. KAZI(HC01075) on Sat May 02 2026 Downloaded on : Tue May 05 02:17:23 IST 2026 NEUTRAL CITATION R/CR.MA/9458/2026 ORDER DATED: 29/04/2026 undefined herein have entered into settlement on account of passage of time as well as on intervention of persons belonging to the respective communities and well-wishers. I further say and submit that both parties have mutually understood to settle the dispute amicably in the long interest of both the parties.
2. The I further states that the undersigned has no grudge against the present applicants and further submits that as such now have no objection if the present F.I.R.
as well as Sessions Case No. 132/2023 is pending before the Ld. City Sessions Court, Ahmedabad, are hereby quashed against present applicants herein. I further say that because of intervene of the friends, respected member of community and family members of both sides; the dispute is settled between the parties amicably.
3. I further say and submit that aforesaid affidavit is sworn by me without any undue influence, threat or any kind of coercion from the side of applicants herein. What is stated in this affidavit is true, correct and best to my knowledge.
9. The affidavit filed by the victim - injured reads as under:
I, Jayesh Chimanlal Parekh, Aged: 49 Adult, Male, Hindu, Occupation: Business, Residing at: D-105, Arjun Ratna Apartment, Opp. Vardhman Nagar, Nr. C. P. Nagar Part-1, Ghatlodia, Ahmedabad City, Gujarat- 380061, is victim and injured witness in F.I.R. being CR. No. 1-99 of registered with the Sardarnagar Police Station, Ahmedabad City for the offences punishable under Sections- 307, 395, 397, 384, 201 and 120-B of Indian Penal Code, 1860 read with Section 135(1) of G.P.Act. I further say and submit that I further state on oath and solemnly affirm that;Page 4 of 11 Uploaded by F.S. KAZI(HC01075) on Sat May 02 2026 Downloaded on : Tue May 05 02:17:23 IST 2026
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1. I say and submit that the undersigned being victim/injured witness and applicants herein have entered into settlement on account of passage of time as well as on intervention of persons belonging to the respective communities and well-wishers. I further say and submit that both parties have mutually understood to settle the dispute amicably in the long interest of both the parties.
2. I further states that the undersigned has no grudge against the present applicants and further submits that as such now have no objection if the present F.I.R. as well as Sessions Case No. 132/2023 is pending before the Ld. City Sessions Court, Ahmedabad, are hereby quashed against present applicants herein. I further say that because of intervene of the friends, respected member of community and family members of both sides; the dispute is settled between the parties amicably
3. I further say and submit that aforesaid affidavit is sworn by me without any undue influence, threat or any kind of coercion from the side of applicants herein. What is stated in this affidavit is true, correct and best to my knowledge.
10. So far as Section 482 of the Cr.P.C. is concerned, the Apex Court in the case of Parbatbhai Aahir Alias Parbatbhai Bhimsinhbhai Karmur Vs. State of Gujarat reported in AIR 2017 SC 4843, has observed in Para-15 as under:
"15. The broad principles which emerge from the precedents on the subject, may be summarised in the following propositions:Page 5 of 11 Uploaded by F.S. KAZI(HC01075) on Sat May 02 2026 Downloaded on : Tue May 05 02:17:23 IST 2026
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(i) Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognizes and preserves powers which inherent the High Court;
(ii) The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non-
compoundable.
(iii) In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power,
(iv) While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or (ii) to prevent an abuse of the process of any court;
(v) The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated;
(vi) In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the Page 6 of 11 Uploaded by F.S. KAZI(HC01075) on Sat May 02 2026 Downloaded on : Tue May 05 02:17:23 IST 2026 NEUTRAL CITATION R/CR.MA/9458/2026 ORDER DATED: 29/04/2026 undefined trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences;
(vii) As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing insofar as the exercise of the inherent power to quash is concerned;
(viii) Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute;
(ix) In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and
(x) There is yet an exception to the principle set out in propositions (viii) and (ix) above. Economic offences involving the financial and economic well-being of the State have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance."
11. The Hon'ble Supreme Court, in the case of Yogendra Yadav Vs. The State of Jharkhand reported in AIR 2014 SC 2055, has held in Para-4 as under:
"l4. Now, the question before this Court is whether this Court can compound the offences under Sections 326 and 307 of the IPC which are non-compoundable. Needless to say that offences Page 7 of 11 Uploaded by F.S. KAZI(HC01075) on Sat May 02 2026 Downloaded on : Tue May 05 02:17:23 IST 2026 NEUTRAL CITATION R/CR.MA/9458/2026 ORDER DATED: 29/04/2026 undefined which are non-compoundable cannot be compounded by the court. Courts draw the power of compounding offences from Section 320 of the Code. The said provision has to be strictly followed (Gian Singh v. State of Punjab). However, in a given case, the High Court can quash a criminal proceeding in exercise of its power under Section 482 of the Code having regard to the fact that the parties have amicably settled their disputes and the victim has no objection, even though the offences are non-compoundable. In which cases the High Court can exercise its discretion to quash the proceedings will depend on facts and circumstances of each case. Offences which involve moral turpitude, grave offences like rape, murder etc. cannot be effaced by quashing the proceedings because that will have harmful effect on the society. Such offences cannot be said to be restricted to two individuals or two groups. If such offences are quashed, it may send wrong signal to the society. However, when the High Court is convinced that the offences are entirely personal in nature and, therefore, do not affect public peace or tranquility and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them. In such cases, the prosecution becomes a lame prosecution. Pursuing such a lame prosecution would be waste of time and energy. That will also unsettle the compromise and obstruct restoration of peace.
12. The Hon'ble Supreme Court, in the case of Shiji alias Pappu and Ors. Vs. Radhika and Anr. reported in AIR 2012 SC 499, has held in Para-13 as under:
"l3. It is manifest that simply because an offence is not compoundable under Section 320, IPC is by itself no reason for the High Court to refuse exercise of its power under Section 482, Cr.P.C. That power can in our opinion be exercised in cases where there is no chance of recording a conviction against the accused and the entire exercise of a trial is destined to be an exercise in futility. There is a subtle distinction between compounding of offences by the parties before the trial Court or in appeal on one hand and the Page 8 of 11 Uploaded by F.S. KAZI(HC01075) on Sat May 02 2026 Downloaded on : Tue May 05 02:17:23 IST 2026 NEUTRAL CITATION R/CR.MA/9458/2026 ORDER DATED: 29/04/2026 undefined exercise of power by the High Court to quash the prosecution under Section 482, Cr. P.C. on the other. While a Court trying an accused or hearing an appeal against conviction, may not be competent to permit compounding of an offence based on a settlement arrived at between the parties in cases where the offences are not compoundable under Section 320, the High Court may quash the prosecution even in cases where the offences with which the accused stand charged are non- compoundable. The inherent powers of the High Court under Section 482, Cr.P.C. are not for that purpose controlled by Section 320, Cr.P.C. Having said so, we must hasten to add that the plenitude of the power under Section 482, Cr.P.C. by itself, makes it obligatory for the High Court to exercise the same with utmost care and caution. The width and the nature of the power itself demands that its exercise is sparing and only in cases where the High Court is, for reasons to be recorded, of the clear view that continuance of the prosecution would be nothing but an abuse of the process of law. It is neither necessary nor proper for us to enumerate the situations in which the exercise of power under Section 482 may be justified. All that we need to say is that the exercise of power must be for securing the ends of justice and only in cases where refusal to exercise that power may result in the abuse of the process of law. The High Court may be justified in declining interference if it is called upon to appreciate evidence, for, it cannot assume the role of an appellate court while dealing with a petition under Section 482 of the Criminal Procedure Code. Subject to the above, the High Court will have to consider the facts and circumstances of each case to determine whether it is a fit case in which the inherent powers may be invoked."
13. Having heard the learned advocates for the respective parties, considering the facts and circumstances arising out of the present petition as well as taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in Page 9 of 11 Uploaded by F.S. KAZI(HC01075) on Sat May 02 2026 Downloaded on : Tue May 05 02:17:23 IST 2026 NEUTRAL CITATION R/CR.MA/9458/2026 ORDER DATED: 29/04/2026 undefined 2014 (2) Crime 67 (SC) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that matter is voluntarily amicable settled between the parties with the intervention of members of their community and further continuation of criminal proceedings in relation to the impugned FIR against the petitioner would be unnecessary harassment to the petitioner. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.
14. The occurrence involved in this case as purely personal or having overtones of criminal proceedings of private nature, the parties on their own volition, without any coercion or compulsion, willingly and voluntarily have buried their differences and wish to accord a quietus to their dispute and considering that continuation of proceedings would serve no Page 10 of 11 Uploaded by F.S. KAZI(HC01075) on Sat May 02 2026 Downloaded on : Tue May 05 02:17:23 IST 2026 NEUTRAL CITATION R/CR.MA/9458/2026 ORDER DATED: 29/04/2026 undefined useful purpose, this Court is satisfied that the matter deserves to be brought to an end by exercising inherent jurisdiction.
15. Accordingly, the present application is allowed.
16. The impugned FIR being C.R.No.I - 99 of 2019 registered with Sardarnagar Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicant.
17. Connected application/s, if any, stand/s disposed of.
18. Rule made absolute. Direct service is permitted.
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