R/SCR.A/12285/2026 ORDER DATED: 29/09/2026 (GJHC240634192026) IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12285 of 2026 ========================================================== UDESING MADUBHAI KATARA Versus STATE OF GUJARAT & ORS. ========================================================== Appearance: MR. SHIVRAJ H SHAH(18851) for the Applicant(s) No. 1 MS. NAYNAVATI S JETHVA(10030) for the Respondent(s) No. 2 NOTICE SERVED for the Respondent(s) No. 3 MS MONALI BHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 29/09/2026 ORAL ORDER 1.Rule returnable forthwith. Learned APP Ms.Monali Bhatt waives service of notice of Rule for and on behalf of respondent No.1-State. Learned advocate Ms.Jethva waives service of notice of Rule for and on behalf of respondent No.2-original complainant. 2.By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused haS prayed to quash and set aside the FIR being C.R. No.11821024240331 of 2024 registered with Garbada Police Station, District-Dahod, for the offences punishable under Sections 363, 366 of the Indian Penal Code, as the case may be, as well as all consequential proceedings arising therefrom qua the applicant herein. 3.Considering the nature of the dispute involved in the present application and further considering the fact that the parties have amicably resolved their inter se dispute, R/SCR.A/12285/2026 ORDER DATED: 29/09/2026 (GJHC240634192026) with the consent of the learned advocates appearing for the respective parties, the present application is taken up for final disposal. 4.Today, when the matter is called out, respondent No.2- original complainant is present before this Court physically and is identified by the learned advocate appearing on her/his behalf. Respondent No.2 has categorically stated that after the complaint is filed, the applicant and victim have got married and they are blessed with one child and the victim has conceived for the second time also, and as the dispute between the parties has been amicably settled, she does not wish to proceed further with the impugned complaint. 5.At the outset, learned advocate appearing for the applicant submitted that the dispute between the parties has been amicably resolved and the parties have decided to put an end to their grievances. It is submitted that, in view of the settlement arrived at between the parties, continuation of the criminal proceedings would amount to abuse of the process of law. 6.Learned advocate appearing for respondent No.2 has supported the submissions advanced on behalf of the applicant and reiterated the contents of the affidavit filed by respondent No.2. 7.The present application is opposed by the learned APP appearing for the respondent-State. 8.The complainant, who is present before this Court, has categorically stated that the dispute has been amicably resolved between the parties and that she/he has no R/SCR.A/12285/2026 ORDER DATED: 29/09/2026 (GJHC240634192026) objection if the impugned FIR is quashed. Thus, permitting the applicant to face the trial would be a futile exercise. 9.The affidavit filed by respondent No.2-original complainant reads thus: "AFFIDAVIT OF FIRST INFORMANT /COMPLAINANT GENDIBEN RAMESHBHAI BHURIYA GIVING CONSENT FOR QUASHING AND SETTING ASIDE THE IMPUGNED FIR. I, GENDIBEN RAMESHBHAI BHURIYA, Age: 52 years, Female, Occupation: Household Work, residing at Bhagol Faliyu, Bhe, Taluka: Garbada, District: Dahod, being the First Informant/Original Complainant of the impugned FIR and mother of Hetalben Rameshbhai Bhuriya, do hereby solemnly affirm and state on oath as under: 1. I say and submit that I am the First Informant/Original Complainant of the impugned FIR and the mother of Hetalben Rameshbhai Bhuriya, in respect of whom the said FIR came to be registered. I am fully conversant with the facts and circumstances of the case and am competent to file the present affidavit. 2. I say that the impugned FIR being I-C.R. No. 11821024240331 of 2024 came to be registered by me on 26.03.2024 with Garbada Police Station, District Dahod, for the offences punishable under Sections 363 and 366 of the Indian Penal Code, 1860. 3. I respectfully state that the aforesaid FIR came to be registered by me as a mother on account of the circumstances prevailing at the relevant point of time when my daughter had left the parental home and I was concerned about her safety and well-being. 4. I say that subsequently, upon knowing the true facts and circumstances, I came to know that my daughter Hetalben Rameshbhai Bhuriya and the R/SCR.A/12285/2026 ORDER DATED: 29/09/2026 (GJHC240634192026) present Applicant were known to each other and were having a mutual love relationship and that my daughter had accompanied the Applicant voluntarily and of her own free will, choice and volition. 5. I further state that my daughter has informed me that she had not been forcibly taken away by the Applicant and that no force, threat, coercion, inducement or undue influence had been exercised upon her by the Applicant for leaving the parental home or for accompanying him. 6. I further say that, at the relevant point of time, the Applicant was married. However, due to matrimonial differences and incompatibility between the Applicant and his former wife, they had mutually decided to dissolve their matrimonial relationship. Accordingly, a customary divorce was affected between them in the year 2024 in the presence of their family members, relatives and community elders, whereafter they separated from each other and ceased to reside together as husband and wife. 7. say that thereafter, my daughter and the present Applicant continued their relationship and subsequently married each other. After their marriage, they have been residing together as husband and wife and have established their matrimonial home. 8. I further say and submit that I have accepted the relationship and matrimonial life of my daughter with the present Applicant. My daughter is presently residing with the Applicant of her own free will and is leading a peaceful and settled matrimonial life with him. 9. I further state that out of their matrimonial relationship, my daughter and the Applicant have also been blessed with a child. They are residing together as a family and are taking care of their child and discharging their matrimonial and parental responsibilities. Page 4 of 7 R/SCR.A/12285/2026 ORDER DATED: 29/09/2026 (GJHC240634192026) 10. I say that, as a mother, my paramount concern is the welfare, happiness, safety and future of my daughter and her child. Having seen that my daughter is residing happily with the Applicant and that they have established their now accepted their family life, I have relationship and I have no grievance, complaint or ill-will whatsoever against the present Applicant. 11. I respectfully state that the circumstances which led me to lodge the impugned FIR have substantially changed and, in view of the subsequent developments, I do not desire to pursue the allegations or criminal proceedings arising out of the impugned FIR against the Applicant. 12. I further state that my daughter is also desirous of continuing her matrimonial life with the Applicant. Therefore, continuation of the criminal proceedings against the Applicant would cause unnecessary hardship, mental stress and disturbance to my daughter and may adversely affect her matrimonial life. 13. I further say that continuation of the criminal proceedings may also adversely affect the welfare, upbringing and future of the child born from the relationship of my daughter and the Applicant. In these circumstances, continuation of the proceedings would not serve any fruitful purpose and would instead disturb the peace and harmony presently prevailing in their family. 14. I therefore state that the dispute and circumstances which gave rise to the impugned FIR have been amicably resolved and settled. I have voluntarily accepted the relationship of my daughter with the Applicant and I do not wish to prosecute or continue with the criminal proceedings arising out of the impugned FIR. 15. I specifically state that I am filing the present affidavit in my personal capacity as the First Informant/Original Complainant and mother of Hetalben Rameshbhai Bhuriya, after fully R/SCR.A/12285/2026 ORDER DATED: 29/09/2026 (GJHC240634192026) understanding the nature and consequences thereof. I am filing this affidavit voluntarily, consciously and of my own free will, without any pressure, threat, coercion, inducement or undue influence from the Applicant, my daughter, their family members or any other person whatsoever. 16. I hereby give my free, unconditional and unequivocal consent and no objection for quashing and setting aside the FIR being I-C.R. No. 11821024240331 of 2024 dated 26.03.2024, registered with Garbada Police Station, District Dahod, for the offences punishable under Sections 363 and 366 of the Indian Penal Code, 1860, together with all consequential proceedings arising therefrom, qua the Applicant. 17. I further state that I have no objection whatsoever if the captioned petition preferred by the Applicant is allowed by this Hon'ble Court and the impugned FIR as well as all consequential proceedings arising therefromare quashed and set aside qua the Applicant in the interest of justice. 18. I say that in view of the subsequent marriage and settled family life of my daughter with the Applicant and considering the welfare and future of their child, it would be in the interest of all concerned that the criminal proceedings arising out of the impugned FIR are brought to an end. 19. I therefore respectfully request this Hon'ble Court to take the present affidavit, settlement and my consent/no objection on record while considering the prayer of the Applicant for quashing and setting aside the impugned FIR and all consequential proceedings arising therefrom. SOLEMN AFFIRMATION Solemnly affirmed at Ahmedabad on this 17th day of August, 2026” 10.Having heard the learned advocates appearing for the respective parties and considering the facts and R/SCR.A/12285/2026 ORDER DATED: 29/09/2026 (GJHC240634192026) circumstances of the case, settlement affidavit as also taking into consideration the decisions rendered in Gian Singh Vs. State of Punjab & Anr., (2012) 10 SCC 303; Madan Mohan Abbot Vs. State of Punjab, (2008) 4 SCC 582; Nikhil Merchant Vs. CBI & Anr., 2009 (1) GLH 31; Manoj Sharma Vs. State & Ors., 2009 (1) GLH 190; Narinder Singh & Ors. Vs. State of Punjab & Anr., (2014) 6 SCC 466; and State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604, this Court is of the opinion that continuation of the criminal proceedings pursuant to the impugned FIR would amount to abuse of the process of law and that no fruitful purpose would be served by permitting the prosecution to continue. Hence, in order to secure the ends of justice, the impugned FIR and all consequential proceedings deserve to be quashed and set aside in exercise of powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 11.In the result, the present application is allowed. The FIR being C.R. No.11821024240331 of 2024 registered with Garbada Police Station, District-Dahod, as well as all consequential proceedings arising therefrom, are hereby quashed and set aside qua the applicant. 12.Rule is made absolute accordingly. Direct service is permitted. (M. K. THAKKER,J) R.S. MALEK Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: RIYAZMIYA SABIRMIYA MALEK(HC00180), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 01/10/2026 11:16:03