R/CR.MA/5744/2025 ORDER DATED: 06/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 5744 of 2025 ========================================================== MANOJKUMAR SUKHVIRSINH CHAUDHARY & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: JAGAT V PATEL(7480) for the Applicant(s) No. 1,2,3,4 MS MAITHILI MEHTA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 06/05/2025 ORAL ORDER 1. Rule returnable forthwith. Ms. Maithili Mehta, the learned APP waives service of notice of rule for and on behalf of the respondent – State of Gujarat. Mr. Rahil Jain, learned advocate waives service of notice of rule for and on behalf of the for the respondent no.2 – original complainant. 2. By this application under Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, the applicants-original accused seek to invoke the inherent powers of this Court praying for quashing of the proceedings of the FIR being C.R. No.11191008240897 of 2024 registered with Chandkheda Police Station, Ahmedabad City for the offence punishable under Sections-85, 296, 54 of BNS, 2023 read with Sections-3 & 7 of the Dowry Prohibition Act. Page 1 of 4 R/CR.MA/5744/2025 ORDER DATED: 06/05/2025 3. Heard learned advocates appearing for the respective parties. 4. Mr. Jagat V. Patel, learned advocate appearing for the applicants submits that pursuant to the registration of the FIR, investigation was carried out, but the charge-sheet is not filed till today. As soon as the said fact came to the knowledge of the applicants, they have approached this Hon’ble Court by way of preferring present application. Learned advocate further submits that during the pendency of present proceedings, the matter has already been settled between the parties and the complainant is not willing to carry out the proceedings further. The complainant has filed affidavit specifically stating the said fact that if the proceedings of present complaint is quashed, in that event, she has no objection. An affidavit to that effect has also been filed by the complainant. It is, therefore, urged that the present application may be allowed. 5. Learned advocate Mr. Rahil Jain, for the respondent no.2 – original complainant has submitted that the respondent no.2 – complainant has personally remained present before this court and she has no objection, if the proceedings qua the present applicants would be quashed. Learned advocate further submits that the disputes is settled between the parties and an affidavit in that regard is already filed by the complainant. Learned advocate has identified the signature of the complainant as well as identified the respondent no.2 – R/CR.MA/5744/2025 ORDER DATED: 06/05/2025 original complainant, who is personally present before this Court and also confirmed correctness and genuineness of the affidavit filed by her. 6. Learned APP has submitted that appropriate order may be passed on the strength of the settlement arrived at between the parties. 7. Therefore, since now, the dispute with reference to the impugned FIR is settled and resolved by and between parties, which is confirmed by the original complainant through her learned advocate, the trial would be futile and any further continuation of proceedings would amount to abuse of process of law. Therefore, the impugned FIR is required to be quashed and set aside. The affidavit filed by the respondent no.2- original complainant is ordered to be taken on record. 8. Resultantly, the present application is allowed. The proceedings of the FIR being C.R. No.11191008240897 of 2024 registered with Chandkheda Police Station, Ahmedabad City and all other consequential proceedings arising out of said complaint are hereby quashed and set aside qua the applicants herein. The Registry shall accept the vakalatnama of Mr. Rahil Jain, the learned advocate who appeared on behalf of the respondent no.2-original first informant. Page 3 of 4 R/CR.MA/5744/2025 ORDER DATED: 06/05/2025 Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI,J) A. B. VAGHELA Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ARUNA BHARATSINGH VAGHELA(HC01079), PRIVATE SECRETARY, at High Court of Gujarat on 09/05/2025 18:11:06