VIMLABEN KAVIDRAKUMAR CHORDIYAversusSTATE OF GUJARAT

     R/CR.MA/20316/2021                          ORDER DATED: 12/03/2026




             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

                               Page 1 of 4
     R/CR.MA/20316/2021                                    ORDER DATED: 12/03/2026




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

                                    Page 2 of 4
   R/CR.MA/20316/2021                       ORDER DATED: 12/03/2026




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



                            Page 3 of 4
                  R/CR.MA/20316/2021                                                    ORDER DATED: 12/03/2026




             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



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




                                                             Page 4 of 4