R/SCR.A/11789/2025 ORDER DATED: 13/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (DIRECTION - TO LODGE FIR/COMPLAINT) NO. 11789 of 2025 ========================================================== PRIYANKA GUPTA W/O DIPANKER KHANNA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR RAMNANDAN SINGH(1126) for the Applicant(s) No. 1 MS VRUNDA SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 13/10/2025 ORAL ORDER 1. By way of present petition under Article 226 of the Constitution of India read with section 528 of the BNSS, the petitioner has sought for the following prayer: “(A) Your Lordships may be pleased to issue writ of mandamus or any other appropriate writ order or direction and futher be pleased to direct the respondent No.2 to hold preliminary in detail and considering the allegations made in the application / complaint submitted by the petitioner in the month of June 2025 (at Annexure ‘C’) register an FIR against the accused under Section 316 read with Section 54 of the Bharatiya Nyaya Sanhita, 2023;” 2. Having heard learned advocate for the petitioner and learned APP for the respondent – State of Gujarat and perusing the record, prima facie it appears to this Court that no offence is made out. Essentially, it appears that there is a dispute arosen from matrimonial discord between husband and wife and hence, no case is made out to issue any direction for registration of FIR. Even otherwise, the petitioner has straightway approached this Court rather than availing appropriate remedy. 3. In view of the above, no case is made out to issue any direction in the R/SCR.A/11789/2025 ORDER DATED: 13/10/2025 present petition in exercise of powers under Article 226 of the Constitution of India in view of the decision of the Hon’ble Superme Court in the case of M. Subramaniam vs. S. Janki reported in (2020)16 SCC 728 as well as the decision in the case of Sudhir Bhaskarrao Tambe vs. Hemant Yashwant Dhage & Others reported in (2016)6 SCC 277. 4. In wake of aforesaid discussion, present petition stands disposed of. However, liberty is reserver in favor of the petitioner to file appropriate proceeding if so advised under the law. It is clarified that this Court has not gone into the merits of the matter. 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 13/10/2025 18:29:08