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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

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

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

==========================================================
     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
==========================================================

 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 @


                                     Page 2 of 3
        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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