INDUBEN HARSHADBHAI VEKARIYAversusSTATE OF GUJARAT

     R/CR.MA/3003/2016                            ORDER DATED: 03/08/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                   FIR/ORDER) NO. 3003 of 2016

                                 With
              R/CRIMINAL MISC.APPLICATION NO. 3006 of 2016
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                 KOKILABEN W/O MAHESHBHAI PATEL & ORS.
                                 Versus
                        STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR BM MANGUKIYA(437) for the Applicant(s) No. 1,2,3
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1,2,3
MR R E VARIAVA(971) for the Respondent(s) No. 2
YUVRAJ BRAHMBHATT APP for the Respondent(s) No. 1
==========================================================

 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                            Date : 03/08/2026

                             ORAL ORDER


1.     Heard, learned advocates for the respective parties.


2.     Considering the facts and circumstances of the case and
since it is jointly stated at bar by the learned advocates for the
respective parties that the dispute between the parties has been
resolved amicably, this matter is taken up for final disposal
forthwith.


3.     By this application under Section 482 of the Code of
Criminal Procedure, 1973 (CrPC), the applicants have prayed to
quash and set aside the FIR being CR No. I-3/16, registered on
13.01.2016 with Mahila Police Station, Bharuch for the offences
punisable under Sections 498-A, 323, 504 and 114 of the Indian
Penal Code, 1860 and under Section 4 of the Dowry Prohibition
Act as well as Section 3(1) and 10 of the Scheduled Castes and



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     R/CR.MA/3003/2016                         ORDER DATED: 03/08/2026




Scheduled Tribes (Prevention of Atrocities) Act, 1989 and to
quash all other consequential proceedings arising therefrom.


6.     The learned advocates for the respective parties submitted
that during the pendency of proceedings, the parties have settled
the dispute amicably and pursuant to such mutual settlement,
the de facto complainant has also filed an Affidavit, which is
already on record. In the Affidavit, the de facto complainant has
categorically stated that the dispute with the applicants have
been resolved amicably and she has no objection if the criminal
proceedings are quashed and set aside since there is no surviving
grievance between them.


6.     The de facto complainant is present before the Court today.
When questioned, the complainant has unequivocally stated that
she has entered into compromise with the accused and they have
amicably settled the dispute and that, she has no objection to
quash the FIR that is registered against the applicants.


7.     It is apt here to consider whether the power conferred by
the High Court under section 482 of the Code of Criminal
Procedure is warranted. It is true that the powers under Section
482 of CrPC are very wide and the very plenitude of the power
requires great caution in its exercise. The Court must be careful
to see that its decision in exercise of this power is based on
sound principles. The inherent power should not be exercised to
stifle a legitimate prosecution. The High Court being the highest
Court of a State should normally refrain from giving a prima facie
decision in a case where the entire facts are incomplete and
hazy, more so when the evidence has not been collected and



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     R/CR.MA/3003/2016                        ORDER DATED: 03/08/2026




produced before the Court and the issues involved, whether
factual or legal, are of magnitude and cannot be seen in their
true perspective without sufficient material. Of course, no hard-
and-fast rule can be laid down in regard to cases in which the
High Court will exercise its extraordinary jurisdiction of quashing
the proceeding at any stage as held by the Apex Court in the
case of Central Bureau of Investigation v. Ravi Shankar
Srivastava, IAS & Anr., reported in AIR 2006 SC 2872.


8.     Having heard learned advocates on both the sides and
considering the facts and circumstances of the case as also the
principles laid down by the Apex Court in the cases of (i) Gian
Singh Vs. State of Punjab & Anr., reported in (2012) 10
SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab,
reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs.
Central Bureau of Investigation & Anr., reported in 2009
(1) GLH 31, (iv) Narinder Singh & Ors. Vs. State of Punjab
& Anr. reported in 2014 (2) Crime 67 (SC) as also
considering the fact that the dispute between the parties is
resolved amicably and complainant has no objection if the FIR is
quashed, in the opinion of this Court, the continuation of criminal
proceedings against the present applicants would be an exercise
in futility and abuse of process of law. Hence, to secure the ends
of justice, it would be appropriate to quash and set aside the
impugned FIR and all consequential proceedings initiated in
pursuance thereof.


9.     In fine, the application is allowed. The impugned FIR, as
referred to herein above, as well as all consequential proceedings
initiated in pursuance thereof, are hereby quashed and set aside



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             R/CR.MA/3003/2016                                                                      ORDER DATED: 03/08/2026




      qua the applicants herein.


      9.1         If the applicants is in jail, the jail authority concerned is
      directed to release the applicants forthwith, if not required in any
      other case.


      9.2         Rule is made absolute to the aforesaid extent. 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 03/08/2026
15:15:52




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