R/SCR.A/10687/2023 ORDER DATED: 18/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 10687 of 2023 ============================================ ASHOKBHAI VINUBHAI JASOLIYA (Disposed of as not pressed as per order dtd.04/09/2023) & ORS. Versus STATE OF GUJARAT & ANR. ============================================ Appearance: MR A J KANSARA(13611) for the Applicant(s) No. 2,3,4,5,6,7,8 MR HARSH R JOSHI(12752) for the Applicant(s) No. 2,3,4,5,6,7,8 MR ADITYA JADEJA, APP for the Respondent(s) No. 1 RULE SERVED BY DS for the Respondent(s) No. 2 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 18/09/2025 ORAL ORDER Learned Advocate Mr. Ankit Dixit states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama. The Registry is directed to accept the Vakalatnama. 1) RULE. Learned advocates waive service of notice of rule on behalf of the respective respondents. 2) 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. 3) By way of present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”), the petitioners have prayed to quash and set aside the complaint being FIR No.11191015230342 of 2023 registered with Nikol Police Station, Ahmedabad City for the offences under Sections 498A, 323 and 114 of Indian Penal Code R/SCR.A/10687/2023 ORDER DATED: 18/09/2025 and Sections 3 and 7 of the Dowry Prohibition Act and all the consequential proceedings arising therefrom. 4) 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 19.07.2025 which is taken on record. In the Affidavit, the original complainant has categorically stated that the dispute with the petitioners 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. The complainant appeared through virtual mode and identified by her learned Advocate. The complainant has admitted the factum of settlement. 5) 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), considering the facts that there is matrimonial dispute which is private in nature and as the husband and wife have settled the dispute and the petitioners are in-laws of the complainant, therefore, in the opinion of this Court, the further continuation of criminal proceedings against the petitioner in relation to the impugned FIR would cause unnecessary harassment to the petitioner. Further, the continuance of trial pursuant to the R/SCR.A/10687/2023 ORDER DATED: 18/09/2025 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 under Section 528 of the BNSS. 6) In the result, the petition is allowed. The impugned complaint being FIR No.11191015230342 of 2023 registered with Nikol Police Station, Ahmedabad City as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioners herein. Rule is made absolute. Direct service is permitted. If the petitioners are in jail, the jail authority concerned is directed to release the petitioners forthwith, if not required in connection with any other case. (HASMUKH D. SUTHAR,J) ANKIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 20/09/2025 16:04:15