NAVNITBHAI NARESHCHANDRA JAINversusSTATE OF GUJARAT

      R/CR.MA/634/2024                            ORDER DATED: 23/01/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                     FIR/ORDER) NO. 634 of 2024

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                  NAVNITBHAI NARESHCHANDRA JAIN & ANR.
                                  Versus
                         STATE OF GUJARAT & ANR.
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Appearance:
MR HRIDAY BUCH(2372) for the Applicant(s) No. 1,2
MS KRUTI SHAH, LD.ADVOCATE FOR MR JAY N SHAH(10668) for the
Respondent(s) No. 2
MS ASMITA PATEL, LD.ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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     CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                             Date : 23/01/2026

                               ORAL ORDER


1.      Learned advocate Mr.Hriday Buch appearing for the applicants has
requested to join the original accused No.1, namely, Arihant Navnitbhai
Jain as applicant No.3 in this application.


2.      Permission, as prayed for, is granted. Learned advocate Mr.Hriday
Buch is permitted to join the original accused No.1, namely, Arihant
Navnitbhai Jain as applicant No.3 in this application. Registry shall
accept his Vakalatnama on behalf of newly added applicant No.3, as and
when the same is filed.


3.      Learned advocate for the applicants has tendered an affidavit of
applicant No.3 dated 23.01.2026. The same is ordered to be taken on
record.

4.      Learned advocate Ms.Kruti Shah appears and submits that learned
advocate Mr.Jay Shah has instructions to appear on behalf of the
respondent no.2 – complainant. Registry shall accept his vakalatnama.


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     R/CR.MA/634/2024                                 ORDER DATED: 23/01/2026




5.     By way of preferring the present application under Section 482 of
the Code of Criminal Procedure, 1973, the applicants- original accused
seek to invoke the inherent powers of this Court, praying to quash and
set-aside the First Information Report being C.R.No.11191031230883 of
2023 registered with the Shahibaug Police Station, Ahmedabad City, for
the offences punishable under Sections 498(A), 377, 323 and 114 of
Indian Penal Code, 1860 and Sections 3 and 7 of the Dowry Prohibition
Act, as well as all other consequential proceedings arising pursuant
thereto including Criminal Case No. 17211 of 2025 pending before the
Court of Learned Chief Judicial Magistrate, Ahmedabad city.

6.     Today, when the matter is called out, the complainant, who is
personally present before this Court, has produced her identity proof as
well as the affidavit, which are ordered to be taken on record. In the said
affidavit, the complainant has categorically stated that with the
intervention of the friends, family members and community people, the
dispute between him and the applicants- accused has been amicably
resolved and there is no ill-will or any grievance amongst them.
Therefore, she does not want to proceed further with the matter qua the
present applicants.


7.     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 final disposal.


8.     RULE returnable forthwith. Learned APP Ms.Asmita Patel waives

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       R/CR.MA/634/2024                              ORDER DATED: 23/01/2026




service of notice of rule for and on behalf of the respondent no.1 – State
and learned advocate Mr.Jay Shah waives service of notice of rule for and
on behalf of the respondent no.2 – complainant.


9.       Learned advocate for the applicants-accused has submitted that
since the dispute has been amicably resolved between the parties, the
application may be allowed and the impugned FIR, as well as the
proceedings of the Criminal Case, may be quashed and set-aside.


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


11.      The relevant paragraphs of the affidavit of the complainant, read
thus :
         “1. I am the respondent no.2 - original complainant in the
         memo of petition and I am fully conversant with the facts and
         circumstances of the case and I am duly competent to file this
         affidavit.

         2.     I say and submit that during pendency of the present
         petition, the amicable settlement has been arrived at between
         the parties.

         3.     I say and submit that during pendency of the petition, I
         and my husband Arihant Navnitbhai Jain have decided to put
         end to the existing marriage and for that, Family Suit no. 3804


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R/CR.MA/634/2024                              ORDER DATED: 23/01/2026




 of 2025 is filed on 18.11.2025 under Section 13B of the Hindu
 Marriage Act, 1955 and therefore, it has been decided to put an
 end to all pending proceedings, which includes the
 11191031230883/2023 registered with impugned dated FIR no.
 25.08.2023 Station, Police Shahibaug Ahmedabad City for the
 offence punishable under Sections 498A, 377, 323 and 114 of
 the Indian Penal Code, 1860 and Sections 3 and 7 of the Dowry
 Prohibition Act. The settlement has been arrived at on the
 condition that both the parties i.e. the husband and wife have to
 give their consent and to obtain divorce by mutual consent and
 the petitioner no.2 herein who has filed FIR no.
 11191031231057/2023 registered dated 22.11.2023 Station,
 with Shahibaug Police Ahmedabad City for the offence
 punishable under Sections 323, 294(b), 114 and 506(1) of the
 Indian Penal Code, 1860 has also agreed to give consent for
 quashing of the said FIR, which is filed against myself and my
 parents.

 4.     I say and submit that the disputes and grievances of both
 the sides have been amicably settled and I do not wish to
 prosecute the petitioners any further with respect to FIR no.
 11191031230883/2023 dated 25.08.2023 registered with
 Shahibaug Police Station, Ahmedabad City for the offence
 punishable under Sections 498A, 377, 323 and 114 of the Indian
 Penal Code, 1860 and Sections 3 and 7 of the Dowry
 Prohibition Act, and all subsequent proceedings arising
 therefrom.

 5.     In the facts and circumstances as narrated above, I at my
 free will, wish and desire am stating on oath that I do not wish
 to prosecute the criminal proceedings against the petitioners as
 the dispute between us has been amicably settled. I state that I
 am having no objection, in the event, this Hon'ble Court would
 quash FIR no. 11191031230883/2023 dated 25.08.2023
 registered with Shahibaug Police Station, Ahmedabad City for
 the offence punishable under Sections 498A, 377, 323 and 114

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      R/CR.MA/634/2024                                   ORDER DATED: 23/01/2026




         of the Indian Penal Code, 1860 and Sections 3 and 7 of the
         Dowry Prohibition Act and all proceedings arising therefrom,
         in the interest of justice.

         6.     During the pendency of the said application, charge-
         sheet came to be filed before the competent 22.02.2024 and
         pursuant thereto, Criminal Case No. 17211 of 2025 is
         registered with Court of Learned Chief Judicial Magistrate,
         Ahmedabad City the said event is necessary to be brought on
         record.”


12.      The relevant paragraphs of the affidavit of the petitioner No.3, read
thus :
         “1. I am the petitioner no.3 in the said petition and I am fully
         conversant with the facts and circumstances of the case and I
         am duly competent to file this affidavit.

         2.     I say and submit that during pendency of the present
         petition, the amicable settlement has been arrived at between
         the parties.

         3.      I say and submit that I am filing this affidavit to state that
         I have to give consent for mutual divorce in the proceedings i.e.
         Family Suit no. 3804 of 2025 and I have to cooperate in the
         said pending proceedings and I am not going to withdraw my
         consent till the passing of decree of divorce by mutual consent
         in the said proceedings.”


13.      Having heard learned counsel appearing for the respective parties,
as well as considering the facts and circumstances arising out of the
present application and also taking into consideration the decisions
rendered 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

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        R/CR.MA/634/2024                                                            ORDER DATED: 23/01/2026




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) and State of Haryana Vs. Bhajanlal reported in AIR 1992 SC
604, it appears that continuing further with the criminal proceedings in
relation to the impugned FIR as well as the Criminal Case against the
applicants-accused would be an unnecessary harassment to the
applicants-accused. It further appears that the trial would be a futile
exercise and further continuing with the proceedings pursuant to the
impugned FIR, as well as the criminal case would amount to abuse of
process of law. Hence, to secure the ends of justice, the impugned FIR as
well as the the criminal case and all other consequential proceedings are
required to be quashed and set aside in exercise of the powers conferred
under Section 528 of the of the Bharatiya Nagarik Suraksha Sanhita,
2023.


14.        In the result, the application is allowed. The First Information
Report being                C.R.No.11191031230883 of 2023 registered with the
Shahibaug Police Station, Ahmedabad City, for the offences punishable
under Sections 498(A), 377, 323 and 114 of Indian Penal Code, as well as
the proceedings of the Criminal Case No.17211 of 2025 pending before
the Court of Learned Chief Judicial Magistrate, Ahmedabad city, so also
all other consequential proceedings arising pursuant thereto are hereby
ordered to be quashed and set-aside.


15.        Rule made absolute. Direct service is permitted.

                                                                                         (VIMAL K. VYAS, J)
DIPTI PATEL

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIPTIBEN PIYUSH PATEL(HC00191), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 27/01/2026 18:35:24


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