KAPIL GORDHANDAS GONDALIYAversusSTATE OF GUJARAT

      R/CR.MA/7471/2025                             ORDER DATED: 09/02/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                    FIR/ORDER) NO. 7471 of 2025

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                          KAPIL GORDHANDAS GONDALIYA
                                     Versus
                            STATE OF GUJARAT & ANR.
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Appearance:
MR YOGESHKUMAR A RATANPARA(7260) for the Applicant(s) No. 1
MS. ASMITA PATEL, APP for the Respondent(s) No. 1
RULE SERVED TO CONCERNED POLICE STATION HOWEVER, SERVICE
REPORT NOT FILED BY POLICE STATION for the Respondent(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                Date : 09/02/2026

                                 ORAL ORDER


1.      Learned advocate Ms. Hasmeet B. Gill appears and
submits that she has instructions to appear on behalf of the
respondent no.2 – original complainant. Registry shall accept
her vakalatnama.


2.      By way of preferring the present application under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the
applicant-accused seeks to invoke the inherent powers of this
Court, praying to quash and set-aside the First Information
Report being I-C.R. No. 23 of 2015 registered with the Mahila
Police Station, District Gandhinagar, for the o0ences punishable
under Sections 498A, 323, 504, 506(2), 114 of the Indian Penal
Code; under Sections 3, 7 of the Dowry Prohibition Act, 1961;

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      R/CR.MA/7471/2025                                  ORDER DATED: 09/02/2026




and under Section 3(1)(x) of the Scheduled Castes and the
Scheduled Tribes (Prevention of Atrocities) Act, 1989, as well as
the proceedings of the Criminal Case No.17 of 2018 pending in
the      Court       of   the   learned     Additional      Sessions        Judge,
Gandhinagar, so also all other consequential proceedings
arising pursuant thereto.


3.      Today, when the matter is called out, the complainant,
who is personally present before this Court, has produced her
identity proof as well as submitted an a0idavit. The same are
ordered to be taken on record.                    In the said a0idavit, the
complainant has categorically stated that with the intervention
of the friends, family members and community people, the
dispute between the parties has been amicably resolved and
there is no ill-will or any grievance amongst them.


4.      Considering the issue involved in the present application
as well as considering the fact that the dispute has been
amicably resolved between the parties, with the consent of the
learned advocates appearing for the respective parties, the
present application is taken up for <nal disposal.


5.      RULE returnable forthwith. Learned APP Ms. Asmita Patel
waives service of notice of rule for and on behalf of the
respondent no.1 – State and learned advocate Ms. Hasmeet B.
Gill waives service of notice of rule for and on behalf of the
respondent no.2 – complainant.


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     R/CR.MA/7471/2025                                ORDER DATED: 09/02/2026




6.     Learned advocate for the applicant-accused has submitted
that since the dispute has been amicably resolved between the
parties, the application may be allowed and the impugned FIR
may be quashed and set-aside.


7.     The complainant, who is personally present in the Court,
has categorically stated before this Court that she has no
objection if the application is allowed and the FIR as well as the
proceedings of the criminal case are quashed and set-aside.
Thus, it appears from the aforesaid that sending the applicant-
accused to face the trial would be nothing but a futile exercise
and would amount to abuse of process of law.


8.     The relevant paragraphs of the a0idavit <led by the
complainant – Poojaben Rameshbhai Banker, read thus :

       “1.     The present respondent no.2 original complainant
       registered First Information Report against present petitioner
       FIR being C.R. No.1/23 of 2015 to be lodged with Mahila Police
       Station, Gandhinagar on 19.9.2015 under Section 498-A, 323,
       504, 506(2) and 114 of the IPC and under Section 3 and 7 of the
       Dowry Act and u/s 3(1)(x) of the Atrocity Act, I am authorized to
       5le this additional a6idavit in support of the present application.

       2.     I say and submit that the disputes between myself and
       applicant herein have been amicably settled in presence of the
       Family members, with mutual consent we 5led divorce petitioner
       before the learned family court, Gandhinagar being Family Suit
       No.94 of 2019 under section 13-B of Hindu Marriage act, same
       was allow on 27.11.2019, I further have no grievances with
       applicant accused now disputes are amicably settled. Therefore,
       now no grievance are remain against the present applicant.

       3.       I say and submit if this Honorable Court pleased to allow


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     R/CR.MA/7471/2025                                 ORDER DATED: 09/02/2026




       and grand present application and quash and set aside the
       aforesaid FIR being C.R. No.1/23 of 2015 to be lodged with
       Mahila Police Station, Gandhinagar on 19.9.2015 under Section
       498-A, 323, 504, 506(2) and 114 of the IPC and under Section 3
       and 7 of the Dowry Act and u/s 3(1)(x) of the Atrocity Act and
       Sessions Case No.17 of 2018 pending in the Learned Sessions
       Court, Gandhinagar then I have no objection and I am giving my
       consent for the same.

       4.     That I say and submit that, I have compromised the matter
       with petitioner. Therefore do not wish to oppose the aforesaid
       application and I have no objection if the same is allowed, at time
       of hearing of the above referred petition I am personally present
       before this Honorable Court.”



9.     Having heard learned advocates appearing for the
respective parties as well as considering the facts and
circumstances arising out of the present application and taking
into consideration the decisions rendered in the cases of Gian
Singh vs. State of Punjab & Another, 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 & Another, reported in (2009) 1 GLH 31, Manoj
Sharma vs. State & Others, reported in (2009) 1 GLH 190,
and Narinder Singh & Others vs. State of Punjab &
Another, reported in (2014) 2 Crime 67 (SC) as well as State
of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it
appears that further continuation of the criminal proceedings in
relation to the impugned FIR and the Criminal Case against the
applicant-accused        would      be       nothing    but      unnecessary
harassment to the applicant-accused. It further appears that the
trial would be a futile exercise and continuing further with the



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         R/CR.MA/7471/2025                                                ORDER DATED: 09/02/2026




   proceedings pursuant to the impugned FIR and the Criminal
   Case would amount to abuse of process of law. Hence, to secure
   the ends of justice, the impugned FIR and the Criminal Case and
   all other consequential proceedings arising pursuant thereto are
   required to be quashed and set-aside in exercise of the powers
   conferred under Section 528 of the Bharatiya Nagarik Suraksha
   Sanhita, 2023.


   10.      In the result, the application is allowed. The First
   Information Report No. being I-C.R. No. 23 of 2015 registered
   with the Mahila Police Station, District Gandhinagar, for the
   o0ences punishable under Sections 498A, 323, 504, 506(2), 114
   of the Indian Penal Code; under Sections 3, 7 of the Dowry
   Prohibition Act, 1961; and under Section 3(1)(x) of the
   Scheduled Castes and the Scheduled Tribes (Prevention of
   Atrocities) Act, 1989, as well as the proceedings of the Criminal
   Case No.17 of 2018 pending in the Court of the learned
   Additional Sessions Judge, Gandhinagar, so also all other
   consequential proceedings arising pursuant thereto are hereby
   ordered to be quashed and set-aside, qua the present applicant
   only.


   11.      Rule made absolute. Direct service is permitted.



                                                                              (VIMAL K. VYAS, J)
   AMAR SINGH

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 09/02/2026 17:39:49



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