R/CR.MA/634/2024 ORDER DATED: 23/01/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 634 of 2024 ========================================================== NAVNITBHAI NARESHCHANDRA JAIN & ANR. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR HRIDAY BUCH(2372) for the Applicant(s) No. 1,2 MS KRUTI SHAH, LD.ADVOCATE FOR MR JAY N SHAH(10668) for the Respondent(s) No. 2 MS ASMITA PATEL, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 23/01/2026 ORAL ORDER 1. Learned advocate Mr.Hriday Buch appearing for the applicants has requested to join the original accused No.1, namely, Arihant Navnitbhai Jain as applicant No.3 in this application. 2. Permission, as prayed for, is granted. Learned advocate Mr.Hriday Buch is permitted to join the original accused No.1, namely, Arihant Navnitbhai Jain as applicant No.3 in this application. Registry shall accept his Vakalatnama on behalf of newly added applicant No.3, as and when the same is filed. 3. Learned advocate for the applicants has tendered an affidavit of applicant No.3 dated 23.01.2026. The same is ordered to be taken on record. 4. Learned advocate Ms.Kruti Shah appears and submits that learned advocate Mr.Jay Shah has instructions to appear on behalf of the respondent no.2 – complainant. Registry shall accept his vakalatnama. Page 1 of 6 R/CR.MA/634/2024 ORDER DATED: 23/01/2026 5. By way of preferring the present application under Section 482 of the Code of Criminal Procedure, 1973, the applicants- original accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report being C.R.No.11191031230883 of 2023 registered with the Shahibaug Police Station, Ahmedabad City, for the offences punishable under Sections 498(A), 377, 323 and 114 of Indian Penal Code, 1860 and Sections 3 and 7 of the Dowry Prohibition Act, as well as all other consequential proceedings arising pursuant thereto including Criminal Case No. 17211 of 2025 pending before the Court of Learned Chief Judicial Magistrate, Ahmedabad city. 6. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced her identity proof as well as the affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute between him and the applicants- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, she does not want to proceed further with the matter qua the present applicants. 7. Considering the issue involved in the present application as well as considering the fact that the dispute has been amicably resolved between the parties, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for final disposal. 8. RULE returnable forthwith. Learned APP Ms.Asmita Patel waives p. 2 R/CR.MA/634/2024 ORDER DATED: 23/01/2026 service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr.Jay Shah waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 9. Learned advocate for the applicants-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR, as well as the proceedings of the Criminal Case, may be quashed and set-aside. 10. The complainant, who is present in the Court, has categorically stated before this Court that she has no objection if the application is allowed and the FIR is quashed and set-aside. Thus, it appears from the aforesaid that sending the applicants-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law. 11. The relevant paragraphs of the affidavit of the complainant, read thus : “1. I am the respondent no.2 - original complainant in the memo of petition and I am fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit. 2. I say and submit that during pendency of the present petition, the amicable settlement has been arrived at between the parties. 3. I say and submit that during pendency of the petition, I and my husband Arihant Navnitbhai Jain have decided to put end to the existing marriage and for that, Family Suit no. 3804 p. 3 R/CR.MA/634/2024 ORDER DATED: 23/01/2026 of 2025 is filed on 18.11.2025 under Section 13B of the Hindu Marriage Act, 1955 and therefore, it has been decided to put an end to all pending proceedings, which includes the 11191031230883/2023 registered with impugned dated FIR no. 25.08.2023 Station, Police Shahibaug Ahmedabad City for the offence punishable under Sections 498A, 377, 323 and 114 of the Indian Penal Code, 1860 and Sections 3 and 7 of the Dowry Prohibition Act. The settlement has been arrived at on the condition that both the parties i.e. the husband and wife have to give their consent and to obtain divorce by mutual consent and the petitioner no.2 herein who has filed FIR no. 11191031231057/2023 registered dated 22.11.2023 Station, with Shahibaug Police Ahmedabad City for the offence punishable under Sections 323, 294(b), 114 and 506(1) of the Indian Penal Code, 1860 has also agreed to give consent for quashing of the said FIR, which is filed against myself and my parents. 4. I say and submit that the disputes and grievances of both the sides have been amicably settled and I do not wish to prosecute the petitioners any further with respect to FIR no. 11191031230883/2023 dated 25.08.2023 registered with Shahibaug Police Station, Ahmedabad City for the offence punishable under Sections 498A, 377, 323 and 114 of the Indian Penal Code, 1860 and Sections 3 and 7 of the Dowry Prohibition Act, and all subsequent proceedings arising therefrom. 5. In the facts and circumstances as narrated above, I at my free will, wish and desire am stating on oath that I do not wish to prosecute the criminal proceedings against the petitioners as the dispute between us has been amicably settled. I state that I am having no objection, in the event, this Hon'ble Court would quash FIR no. 11191031230883/2023 dated 25.08.2023 registered with Shahibaug Police Station, Ahmedabad City for the offence punishable under Sections 498A, 377, 323 and 114 p. 4 R/CR.MA/634/2024 ORDER DATED: 23/01/2026 of the Indian Penal Code, 1860 and Sections 3 and 7 of the Dowry Prohibition Act and all proceedings arising therefrom, in the interest of justice. 6. During the pendency of the said application, charge- sheet came to be filed before the competent 22.02.2024 and pursuant thereto, Criminal Case No. 17211 of 2025 is registered with Court of Learned Chief Judicial Magistrate, Ahmedabad City the said event is necessary to be brought on record.” 12. The relevant paragraphs of the affidavit of the petitioner No.3, read thus : “1. I am the petitioner no.3 in the said petition and I am fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit. 2. I say and submit that during pendency of the present petition, the amicable settlement has been arrived at between the parties. 3. I say and submit that I am filing this affidavit to state that I have to give consent for mutual divorce in the proceedings i.e. Family Suit no. 3804 of 2025 and I have to cooperate in the said pending proceedings and I am not going to withdraw my consent till the passing of decree of divorce by mutual consent in the said proceedings.” 13. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central p. 5 R/CR.MA/634/2024 ORDER DATED: 23/01/2026 Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) and State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that continuing further with the criminal proceedings in relation to the impugned FIR as well as the Criminal Case against the applicants-accused would be an unnecessary harassment to the applicants-accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR, as well as the criminal case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR as well as the the criminal case and all other consequential proceedings are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023. 14. In the result, the application is allowed. The First Information Report being C.R.No.11191031230883 of 2023 registered with the Shahibaug Police Station, Ahmedabad City, for the offences punishable under Sections 498(A), 377, 323 and 114 of Indian Penal Code, as well as the proceedings of the Criminal Case No.17211 of 2025 pending before the Court of Learned Chief Judicial Magistrate, Ahmedabad city, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside. 15. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) DIPTI PATEL p. 6