R/CR.MA/9757/2025 ORDER DATED: 09/05/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION NO. 9757 of 2025 (FOR DOMESTIC VIOLENCE) ======================================================= HEMANT JAIRAJ SINGH SHEKHAWAT & ORS. Versus STATE OF GUJARAT & ANR. ======================================================= Appearance: GAURAV K LAKHWANI(9520) for the Applicant(s) No. 1,2,3 NILESH P UDERNANI(9050) for the Applicant(s) No. 1,2,3 MS ASMITA PATEL APP for the Respondent(s) No. 1 MR DHAIRYA PATEL for the Respondent No.2 ======================================================= CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 09/05/2025 ORAL ORDER 1. With the consent of learned advocates appearing for the parties, present application is taken up for final disposal today. 2. Rule. Learned advocates appearing for the parties waive service of notice of Rule. 3. By way of the present application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short, the ‘BNSS’), the applicant prays for quashing and setting aside Complaint being Criminal Misc. Application No.794/2015 filed under the provision of the Protection of Women from Domestic Violence Act, 2005 pending before the court of the learned Judicial Magistrate First Class, Ahmedabad (Rural) and other subsequent proceedings arising out of the same. 4. Heard learned advocate, Mr. Gaurav Lakhwani for R/CR.MA/9757/2025 ORDER DATED: 09/05/2025 the applicant, learned APP Ms. Asmita Patel for respondent no.1 and learned advocate, Mr. Dhairya Patel for respondent no.2, who is permitted to file his Vakalatnama in the Registry. I have also heard the respondent no.2 – complainant, who is present before this Court. Learned advocate, Mr. Patel identifies respondent no.2 and confirms correctness and genuineness of the affidavit filed by her. 5. When the matter is called out, learned advocates appearing for the parties have submitted that now the dispute is amicably settled between the parties and, therefore, the respondent no.2 has filed an affidavit before this Court, copy of which is placed on record at Page No.35. Upon making inquiry, the respondent no.2, who is present before this Court, has stated that she has settled the dispute with the present applicant and, therefore, if the impugned FIR is quashed, she has no objection. 6. 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 present application deserves to be allowed and the impugned complaint is required to be quashed and set aside. Page 2 of 3 R/CR.MA/9757/2025 ORDER DATED: 09/05/2025 7. Resultantly, this application is allowed. The impugned Complaint being Criminal Misc. Application No.794/2015 filed under the provision of the Protection of Women from Domestic Violence Act, 2005 pending before the court of the learned Judicial Magistrate First Class, Ahmedabad (Rural) and all other consequential proceedings arising out of said FIR are hereby quashed and set aside. 8. Rule is made absolute to the aforesaid extent. Direct service is permitted. (DIVYESH A. JOSHI, J.) Gautam Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: GAUTAM G PATIL(HC00190), Principal Pvt. Secretary, at High Court of Gujarat on 09/05/2025 15:51:41