R/CR.MA/7471/2025 ORDER DATED: 09/02/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 7471 of 2025 ========================================================== KAPIL GORDHANDAS GONDALIYA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR YOGESHKUMAR A RATANPARA(7260) for the Applicant(s) No. 1 MS. ASMITA PATEL, APP for the Respondent(s) No. 1 RULE SERVED TO CONCERNED POLICE STATION HOWEVER, SERVICE REPORT NOT FILED BY POLICE STATION for the Respondent(s) No. 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 09/02/2026 ORAL ORDER 1. Learned advocate Ms. Hasmeet B. Gill appears and submits that she has instructions to appear on behalf of the respondent no.2 – original complainant. Registry shall accept her vakalatnama. 2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report being I-C.R. No. 23 of 2015 registered with the Mahila Police Station, District Gandhinagar, for the o0ences punishable under Sections 498A, 323, 504, 506(2), 114 of the Indian Penal Code; under Sections 3, 7 of the Dowry Prohibition Act, 1961; p. 2 R/CR.MA/7471/2025 ORDER DATED: 09/02/2026 and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, as well as the proceedings of the Criminal Case No.17 of 2018 pending in the Court of the learned Additional Sessions Judge, Gandhinagar, so also all other consequential proceedings arising pursuant thereto. 3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced her identity proof as well as submitted an a0idavit. The same are ordered to be taken on record. In the said a0idavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute between the parties has been amicably resolved and there is no ill-will or any grievance amongst them. 4. 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 <nal disposal. 5. RULE returnable forthwith. Learned APP Ms. Asmita Patel waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Ms. Hasmeet B. Gill waives service of notice of rule for and on behalf of the respondent no.2 – complainant. Page 2 of 5 R/CR.MA/7471/2025 ORDER DATED: 09/02/2026 6. Learned advocate for the applicant-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR may be quashed and set-aside. 7. The complainant, who is personally present in the Court, has categorically stated before this Court that she has no objection if the application is allowed and the FIR as well as the proceedings of the criminal case are quashed and set-aside. Thus, it appears from the aforesaid that sending the applicant- accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law. 8. The relevant paragraphs of the a0idavit <led by the complainant – Poojaben Rameshbhai Banker, read thus : “1. The present respondent no.2 original complainant registered First Information Report against present petitioner FIR being C.R. No.1/23 of 2015 to be lodged with Mahila Police Station, Gandhinagar on 19.9.2015 under Section 498-A, 323, 504, 506(2) and 114 of the IPC and under Section 3 and 7 of the Dowry Act and u/s 3(1)(x) of the Atrocity Act, I am authorized to 5le this additional a6idavit in support of the present application. 2. I say and submit that the disputes between myself and applicant herein have been amicably settled in presence of the Family members, with mutual consent we 5led divorce petitioner before the learned family court, Gandhinagar being Family Suit No.94 of 2019 under section 13-B of Hindu Marriage act, same was allow on 27.11.2019, I further have no grievances with applicant accused now disputes are amicably settled. Therefore, now no grievance are remain against the present applicant. 3. I say and submit if this Honorable Court pleased to allow p. 4 R/CR.MA/7471/2025 ORDER DATED: 09/02/2026 and grand present application and quash and set aside the aforesaid FIR being C.R. No.1/23 of 2015 to be lodged with Mahila Police Station, Gandhinagar on 19.9.2015 under Section 498-A, 323, 504, 506(2) and 114 of the IPC and under Section 3 and 7 of the Dowry Act and u/s 3(1)(x) of the Atrocity Act and Sessions Case No.17 of 2018 pending in the Learned Sessions Court, Gandhinagar then I have no objection and I am giving my consent for the same. 4. That I say and submit that, I have compromised the matter with petitioner. Therefore do not wish to oppose the aforesaid application and I have no objection if the same is allowed, at time of hearing of the above referred petition I am personally present before this Honorable Court.” 9. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another, reported in (2012) 10 SCC 303, Madan Mohan Abbot vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant vs. Central Bureau of Investigation & Another, reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others, reported in (2009) 1 GLH 190, and Narinder Singh & Others vs. State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it appears that further continuation of the criminal proceedings in relation to the impugned FIR and the Criminal Case against the applicant-accused would be nothing but unnecessary harassment to the applicant-accused. It further appears that the trial would be a futile exercise and continuing further with the p. 5 R/CR.MA/7471/2025 ORDER DATED: 09/02/2026 proceedings pursuant to the impugned FIR and the Criminal Case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and the Criminal Case and all other consequential proceedings arising pursuant thereto are required to be quashed and set-aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 10. In the result, the application is allowed. The First Information Report No. being I-C.R. No. 23 of 2015 registered with the Mahila Police Station, District Gandhinagar, for the o0ences punishable under Sections 498A, 323, 504, 506(2), 114 of the Indian Penal Code; under Sections 3, 7 of the Dowry Prohibition Act, 1961; and under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, as well as the proceedings of the Criminal Case No.17 of 2018 pending in the Court of the learned Additional Sessions Judge, Gandhinagar, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside, qua the present applicant only. 11. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) AMAR SINGH