Research › Search › Judgment

High Court of Gujarat · body

2026 DAILYLAW 6068 (GUJ)

VIMLABEN KAVIDRAKUMAR CHORDIYA v. STATE OF GUJARAT

CR.MA/20316/2021 · 2026-03-12

M K Thakker

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 20316 of 2021 ========================================================== VIMLABEN KAVIDRAKUMAR CHORDIYA & ORS. Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR M A CHAUHAN(11262) for the Applicant(s) No. 1,2,3 NOTICE SERVED for the Respondent(s) No. 2 APP RONAK RAWAL for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 12/03/2026 ORAL ORDER Draft amendment is allowed and the same shall be carried out forthwith. 1. Heard the learned advocates appearing for the respective parties. 2. Learned advocate Mr. Umang Raval states that he appears for Respondent No.2 – the original complainant. He is permitted to file his appearance. 3. Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of rule on behalf of the respective respondents. 4. Considering the issue involved in the present application and with the consent of the learned advocates appearing for the p. 1 respective parties as well as considering the fact that the dispute between the applicant and respondent No.2 has been resolved amicably, this application is taken up for final disposal, forthwith. 5. By way of this application, filed under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed for quashing and setting aside the F.I.R., bearing No. 11821003210014 of 2021, registered with Mahila Police Station, Dahod, under Sections 492 (A), 504, 506 (2) and 114 of the IPC and Section 4 of the Dowry Prohibition Act as well as all other consequential proceedings arising out of the aforesaid FIR, qua the applicants. 6. Learned advocate Mr. M. A. Chauhan for the applicant has submitted that during the pendency of the present application, a settlement has been arrived at between the parties and a settlement agreement has been produced on record, which is ordered to be taken on record. It is submitted that, as per the settlement, both the parties have decided to reunite and to withdraw the impugned FIR. 7. Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that p. 2 considering the seriousness of the offence, the complaint in question may not be quashed and the present application may be rejected. 8. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered by the Hon'ble Supreme Court 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 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), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. I have also considered the latest decision of the Hon'ble Supreme Court in the case of ‘Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat’, Criminal Appeal No.1723 of 2017, dated 4.10.2017 and p. 3 the guidelines issued by the Hon'ble Supreme Court in the said decision, particularly Paragraph-15, thereof. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code. 9. Resultantly, this application is allowed and the impugned F.I.R., bearing No. 11821003210014 of 2021, registered with Mahila Police Station, Dahod, is hereby quashed and set aside qua the applicants only. Consequently, all other proceedings arising out of the aforesaid F.I.R. are also quashed and set aside qua the applicants. Accordingly, Rule is made absolute. Direct service is permitted. (M. K. THAKKER,J) Vikramsinh Amarsinh p. 4 Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: VIKRAM SINGH(HCW0055), English Steno Grade II, at High Court of Gujarat on 13/03/2026 13:14:56