High Court of Gujarat

VISHALBHAI SAMJIBHAI POKAR (PETITION WITHDRAWN QUA PETITIONER NO. 1 AS PER ORDER DATED 05/09/2024)versusSTATE OF GUJARAT

Disposal: 46-ANY OTHER MODE @ FH
Bench: P M RAVAL

Holding

The application for quashing the FIR and criminal case was allowed, and the proceedings were set aside.

Summary

The petition sought quashing of FIR No. 11203040240019 and the related criminal case (No. 3184/2024) filed under Sections 498A, 323, 504 and 114 IPC, arising from a matrimonial dispute between Vishalbhai Pokar and his wife Rinkal Bhimani. The marriage had been dissolved by a Family Court order under Section 13B of the Hindu Marriage Act, 1955, and the parties had reached a compromise, evidenced by an affidavit. The wife, the original complainant, appeared via video‑conference. The court noted that the dispute was now amicably resolved and that the husband had already been acquitted by the trial court. Consequently, the application was allowed and the FIR and criminal case were quashed and set aside.

Issues considered

Whether an FIR and criminal case filed under Sections 498A, 323, 504 and 114 IPC can be quashed when the underlying matrimonial dispute has been resolved by divorce and compromise.
Whether the prior acquittal of the husband in the criminal case bars continuation of the proceedings.

Legislation cited

Hindu Marriage Act, 1955s. 13B
Indian Penal Code, 1860s. 114, s. 323, s. 498A, s. 504

Subjects

matrimonial disputequashing FIRSection 498A IPCHindu Marriage Actcompromiseacquittalcriminal miscellaneous application

Judgment

      R/CR.MA/17471/2024                                    ORDER DATED: 15/06/2026




                IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                    FIR/ORDER) NO. 17471 of 2024

==========================================================
       VISHALBHAI SAMJIBHAI POKAR (PETITION WITHDRAWN QUA
       PETITIONER NO. 1 AS PER ORDER DATED 05/09/2024) & ORS.
                               Versus
                     STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR YOGESHKUMAR A RATANPARA(7260) for the Applicant(s) No. 2,3,4
PETITION/APPEAL WITHDRAWN/DISMISSED for the Applicant(s) No. 1
MR HARSH R JOSHI(12752) for the Respondent(s) No. 2
ROHAN SHAH APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                  Date : 15/06/2026

                                     ORAL ORDER

1.       Heard learned Advocate Mr. Yogeshkumar A. Ratanpara for
the     Applicants,        learned    Advocate       Mr.   Harsh    R.    Joshi       for
Respondent No. 2 – Original Complainant, and learned APP Mr.
Rohan Shah for the Respondent-State.


2.       Learned Advocate for the Applicant has placed on record a
photocopy of the judgment passed by the Principal Judge, Family
Court, Junagadh, in Family Suit No. 52/2026, whereby, vide order
dated 12.03.2026, the marriage between Vishal Shamjibhai alias
Sanjaybhai Pokar and Rinkal d/o Pravinbhai Bhimani came to be
dissolved under Section 13B of the Hindu Marriage Act, 1955. The
same       is    taken     on   record.    Further,    learned     Advocate           for
Respondent No. 2 – Original Complainant has also placed on
record the affidavit evidencing the compromise arrived at
between the parties.




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           R/CR.MA/17471/2024                                                                      ORDER DATED: 15/06/2026




    3.         Respondent No. 2 – Original Complainant, namely, Rinkal d/
    o Pravinbhai Bhimani, is present before this Court through video
    conferencing.


    4.         Since the dispute is matrimonial in nature and has arisen
    between the complainant and her in-laws, and since the same
    has been amicably resolved between the parties, no useful
    purpose would be served by permitting the proceedings to
    continue, more particularly when the husband has already been
    acquitted by the Trial Court in Criminal Case No. 3184/2024 vide
    judgment and order dated 24.04.2026. In view of the above, the
    present application stands allowed qua Applicant Nos. 2 to 4.
    Consequently, FIR No. 11203040240019 of 2024 registered with
    Mahila Police Station, Junagadh, for the offences punishable
    under Sections 498A, 323, 504 and 114 of the IPC on 27.04.2024,
    and the consequential Criminal Case No. 3184/2024 qua the
    present Applicant Nos. 2 to 4, are hereby quashed and set aside.


    5.         Direct service is permitted.


                                                                                                             (P. M. RAVAL, J)
    MMP

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 15/06/2026
14:41:53




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