R/SCR.A/7544/2025 ORDER DATED: 19/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7544 of 2025 ========================================================== DIPEN KANAIYALALJI VAISHNAV Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR RAJESH G BAROT(7134) for the Applicant(s) No. 1 NOTICE SERVED for the Respondent(s) No. 2 MR ADITYA JADEJA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/09/2025 ORAL ORDER [1.0] Learned advocate Mr. Umang Raval states that he has instructions to appear on behalf of the original complainant and seeks permission to file his Vakalatnama, which is granted. Heard learned advocates for the respective parties. [2.0] RULE. Learned advocates waive service of note of rule on behalf of the respective respondents. [3.0] Considering the facts and circumstances of the case and since it is jointly stated at the Bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith. [4.0] By way of this petition under Article 226 of the Constitution of India read with Section 528 of the BNSS, the petitioner has prayed to quash and set aside the FIR being CR No.11196001230100 of 2023 registered with Mahila Police R/SCR.A/7544/2025 ORDER DATED: 19/09/2025 Station, District Vadodara for the offences punisable under Sections 498-A, 323 and 114 of the Indian Penal Code, 1860 and under Sections 3 and 7 of the Dowry Prohibition Act and to quash all other consequential proceedings arising therefrom. [5.0] Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit dated 19.09.2024 which is taken on record. In the Affidavit, the original complainant has categorically stated that the dispute with the petitioner has been resolved amicably and that she has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them. [6.0] Having heard learned advocates on both the sides and considering the facts and circumstances of the case as also the principle laid down by the Apex Court in the cases of (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as also considering the fact that matrimonial dispute between the parties has been amicably settled and the parties have parted their ways and are living separately and therefore, no purpose would be served in R/SCR.A/7544/2025 ORDER DATED: 19/09/2025 continuing with the impugned FIR and hence, in the opinion of this Court, the further continuation of criminal proceedings against the present petitioner in relation to the impugned FIR would cause unnecessary harassment to the petitioner. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof. [7.0] In the result, petition is allowed. The impugned FIR being CR No.11196001230100 of 2023 registered with Mahila Police Station, District Vadodara as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner herein. If the petitioner is in jail, the jail authority concerned is directed to release the petitioner forthwith, if not required in connection with any other case. Rule is made absolute to the aforesaid extent only. Direct service is permitted. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 19/09/2025 18:34:51