R/CR.MA/17607/2022 ORDER DATED: 13/04/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 17607 of 2022 ========================================================== SHIVAMKUMAR KIRANBHAI MISHRA (PETITION DISPOSED OF QUA APPLICANT NO. 1) & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR JAGDHISH SATAPARA(5524) for the Applicant(s) No. 2,3,4 PETITION DISPOSED OF for the Applicant(s) No. 1 MR NL RAMNANI(2400) for the Respondent(s) No. 2 MR.RONAK RAWAL, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 13/04/2026 ORAL ORDER 1. Draft amendment is allowed. Amendment be carried out forthwith. 2. The present application is filed for quashment of FIR being CR No.11191038220675/2022 registered at Vatva Police Station for the offences punishable under section 498(a), 323, 294(b), 506(2), 114 of IPC and section 3 and 7 of the Dowry Prohibition Act. 3. At the outset, it is submitted by learned advocates for the respective parties that settlement has arrived between the parties. The affidavit of the complainant is ordered to be taken on record. It is submitted by learned advocate Mr.Satapara that in view of the settlement and R/CR.MA/17607/2022 ORDER DATED: 13/04/2026 the consent given by the complainant, the impugned FIR deserves to be set aside. This fact is not disputed by the learned advocate Mr.Ramnani for the complainant and the presence of the complainant is also noted through video conference. 4. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered by the Apex Court in the cases of ‘Gian Singh Vs. State of Punjab & Anr.’, reported in (2012) 10 SCC 303, ‘Madan Mohan Abbot Vs. State of Punjab’, reported in (2008) 4 SCC 582, ‘Nikhil Merchant Vs. Central Bureau of Investigation & Anr.’, reported in 2009 (1) GLH 31, ‘Manoj Sharma Vs. State & Ors.’, reported in 2009 (1) GLH 190 and ‘Narinder Singh & Ors. Vs. State of Punjab & Anr.’, reported in 2014 (2) Crime 67 (SC), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. I have also considered the latest decision of the Apex Court in the case of ‘Parbatbhai Aahir @ R/CR.MA/17607/2022 ORDER DATED: 13/04/2026 Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat’, Criminal Appeal No.1723 of 2017, dated 4.10.2017 and the guidelines issued by the Apex Court in the said decision, particularly Paragraph-15, thereof. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. 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 hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code. 5. In view of the above, the impugned FIR being CR No.11191038220675/2022 registered at Vatva Police Station, is quashed. Accordingly, all the consequential proceedings are hereby quashed and set aside. (M. K. THAKKER,J) ARCHANA S. PILLAI Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ARCHANA SAJEEVKUMAR PILLAI(HC01899), PRIVATE SECRETARY, at High Court of Gujarat on 13/04/2026 18:48:49