High Court of Gujarat
SHIVAMKUMAR KIRANBHAI MISHRA (ACCUSED NO. 1 ADD AS PER COURT ORDER DTD. 13.04.2026)versusSTATE OF GUJARAT
- Decided
- Disposal
- 29-COMPROMISE @ ADM.STAGE
- Bench
- M K THAKKER
Holding
The FIR is quashed and set aside as its continuation would amount to abuse of process.
Summary
The petitioners filed a criminal miscellaneous application seeking quashment of FIR CR No.11191038220675/2022 registered at Vatva Police Station for offences under sections 498(a), 323, 294(b), 506(2), 114 of the IPC and sections 3 and 7 of the Dowry Prohibition Act. The parties had reached a settlement and the complainant consented to the withdrawal, which was recorded through an affidavit and a video conference. The Court examined the Supreme Court precedents on quashing FIRs where the dispute is private and continuation would amount to harassment or abuse of process. Relying on Section 482 of the CrPC and the cited judgments, the Court held that proceeding with the FIR would be futile and an abuse of law. Consequently, the FIR and all consequential proceedings were quashed and set aside.
Issues considered
- Whether the FIR should be quashed on the ground of settlement and complainant's consent.
- Whether continuation of criminal proceedings would constitute abuse of process of law.
- Whether Section 482 of the CrPC empowers the court to quash the FIR in the present circumstances.
Legislation cited
- Code of Criminal Procedure — s. 482
- Dowry Prohibition Act — s. 3, 7
- Indian Penal Code — s. 114, 294(b), 323, 498(a), 506(2)
Subjects
- quashment
- FIR
- Section 482 CrPC
- settlement
- dowry prohibition
- abuse of process
- private dispute
- criminal procedure
Judgment
R/CR.MA/17607/2022 ORDER DATED: 13/04/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 17607 of 2022
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SHIVAMKUMAR KIRANBHAI MISHRA (PETITION DISPOSED OF QUA
APPLICANT NO. 1) & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR JAGDHISH SATAPARA(5524) for the Applicant(s) No. 2,3,4
PETITION DISPOSED OF for the Applicant(s) No. 1
MR NL RAMNANI(2400) for the Respondent(s) No. 2
MR.RONAK RAWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 13/04/2026
ORAL ORDER
1. Draft amendment is allowed. Amendment be carried out
forthwith.
2. The present application is filed for quashment of FIR
being CR No.11191038220675/2022 registered at Vatva
Police Station for the offences punishable under section
498(a), 323, 294(b), 506(2), 114 of IPC and section 3 and
7 of the Dowry Prohibition Act.
3. At the outset, it is submitted by learned advocates for
the respective parties that settlement has arrived
between the parties. The affidavit of the complainant is
ordered to be taken on record. It is submitted by learned
advocate Mr.Satapara that in view of the settlement and
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R/CR.MA/17607/2022 ORDER DATED: 13/04/2026
the consent given by the complainant, the impugned FIR
deserves to be set aside. This fact is not disputed by the
learned advocate Mr.Ramnani for the complainant and
the presence of the complainant is also noted through
video conference.
4. 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 Apex 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 Apex Court in the case of ‘Parbatbhai Aahir @
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R/CR.MA/17607/2022 ORDER DATED: 13/04/2026
Parbatbhai Bhimsinhbhai Karmur and others v.
State of Gujarat’, Criminal Appeal No.1723 of 2017,
dated 4.10.2017 and the guidelines issued by the Apex
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.
5. In view of the above, the impugned FIR being CR
No.11191038220675/2022 registered at Vatva Police
Station, is quashed. Accordingly, all the consequential
proceedings are hereby quashed and set aside.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ARCHANA SAJEEVKUMAR PILLAI(HC01899), PRIVATE SECRETARY, at High Court of Gujarat on 13/04/2026 18:48:49
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