Gujarat High Court
Shitalben Chhotalal Ruparelia vs State Of Gujarat on 29 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
R/SCR.A/6347/2023 JUDGMENT DATED: 29/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6347 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-
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Approved for Reporting Yes No
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SHITALBEN CHHOTALAL RUPARELIA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NAUMAN S QURESHI(10669) for the Applicant(s) No. 1,2,3
MR SHAKEEL A QURESHI(1077) for the Applicant(s) No. 1,2,3
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 29/08/2025
ORAL JUDGMENT
1. Present petition is filed for following reliefs:
"(A) Your Lordships may be pleased to admit and allow this Application;
(B) Your Lordships may be pleased to allow the application by quashing and setting aside the FIR and the proceedings thereof filed by the respondent No.2 on 23.01.2023 for the offence registered Page 1 of 6 Uploaded by MR PARESH J SOMPURA(HC00451) on Mon Sep 01 2025 Downloaded on : Mon Sep 01 22:25:06 IST 2025 NEUTRAL CITATION R/SCR.A/6347/2023 JUDGMENT DATED: 29/08/2025 undefined before Mahila Police Station, Rajkot City District Rajkot vide FIR bearing C.R. No. 11208001230010 of 2023 for the incident occurred between 14.07.2019 to 08.03.2020 for the offences punishable under sections 498-A, 504 and 114 of the Indian Penal Code, 1860, qua the present applicants, in the interest of justice.
(BB) Your Lordships may be pleased to allow the application by quashing and setting aside the FIR filed by the respondent no.2 on 23.01.2023 for the offence registered before Mahila Police Station, Rajkot City, Rajkot vide FIR being C.R. No.11208001230010 of 2023 for the incident occurred between 14.07.2019 to 08.03.2020 for the offence punishable under Sections 498-A, 504 and 114 of the Indian Penal Code as well as Chargesheet filed before the learned Chief Judicial Magistrate, Rajkot and all other consequential proceedings thereof qua the present applicants in the interest of justice.
(C) Pending admission hearing and final disposal of this application, be pleased to stay the further proceedings arising out of the FIR bearing C.R. No. 11208001230010 of 2023 registered before Mahila Police Station, Rajkot City, District Rajkot on 14.07.2019 to 08.03.2020 for the offences punishable under sections 498-A, 504 and 114 of the Indian Penal Code, 1860, qua the present applicants, in the interest of justice;
(CC) Pending admission, hearing and final disposal of the application, be pleased to stay the further and consequential proceedings for the offence registered before Mahila Police Station, Rajkot City, Rajkot vide FIR being C.R. No.11208001230010 of 2023 for the incident occurred between 14.07.2019 to 08.03.2020 for the offence punishable under Sections 498-A, 504 and 114 of the Indian Penal Code as well as Chargesheet filed against the all present applicants and consequential proceedings thereof qua the present applicant in the interest of justice."
2. FIR was registered on 23-01-2023 for incidents which have taken place between 14-07-2019 to 08-03-2020 for offences punishable under Sections 498A, 504 and 114 of Indian Penal Code, apparently, arising out Page 2 of 6 Uploaded by MR PARESH J SOMPURA(HC00451) on Mon Sep 01 2025 Downloaded on : Mon Sep 01 22:25:06 IST 2025 NEUTRAL CITATION R/SCR.A/6347/2023 JUDGMENT DATED: 29/08/2025 undefined of matrimonial dispute between accused No.1, who is husband of respondent No.2. The petitioners before the Court are relatives of husband of respondent No.2. Petitioner No.1 is mother-in-law, petitioner No.2 is father-in-law and petitioner No.3 is sister-in-law of the complainant.
3. It appears that after investigation, charge-sheet came to be filed on 23-01-2023 against present petitioners, whereas name of accused No.1- husband was reflected in Column No.2, as at the relevant time, he was not available for investigation and was resident of Dubai.
4. Today, when the matter is taken up, learned Advocate for the parties are absent. However, with the assistance of learned APP, the matter is taken up for hearing.
5. During the course of hearing, attention of this Court is drawn to judgment and order dated 21-05-2025 passed by 12 th Additional Judicial Magistrate First Class, Rajkot in Criminal Case No.1044 of 2025, which was arising out of present FIR.
6. The Court has perused impugned judgment and order dated 21-05- 2025 passed by 12th Additional Judicial Magistrate First Class, Rajkot in Criminal Case No.1044 of 2025, which is trial of husband-accused No.1, Page 3 of 6 Uploaded by MR PARESH J SOMPURA(HC00451) on Mon Sep 01 2025 Downloaded on : Mon Sep 01 22:25:06 IST 2025 NEUTRAL CITATION R/SCR.A/6347/2023 JUDGMENT DATED: 29/08/2025 undefined which has resulted in clear acquittal on account of fact that respondent No.2 - original complainant was declared hostile on the basis of mutual settlement arrived at between the parties, pending the trial.
7. The Court has perused particularly Para-9 of the aforesaid judgment and order in Criminal Case, wherein in the cross examination, witness has admitted to settlement between husband and wife and that the complainant was no more inclined to pursue further prosecution against husband.
8. In that view of the matter, 12th Additional Judicial Magistrate First Class, Rajkot by the impugned judgment and order dated 21-05-2025 was pleased to acquit accused No.1-husband. The Court has perused the soft copy of judgment and order dated 21-05-2025 passed by 12 th Additional Judicial Magistrate First Class, Rajkot in Criminal Case No.1044 of 2025 available online.
9. This Court while entertaining present petition, had passed detailed order dated 03-09-2024 taking cognizance of possibility of settlement and thereby staying further proceedings against present petitioners. As a result of this, the trial against husband had proceeded and resulted into acquittal, whereas because of stay granted by this Court, the trial qua the Page 4 of 6 Uploaded by MR PARESH J SOMPURA(HC00451) on Mon Sep 01 2025 Downloaded on : Mon Sep 01 22:25:06 IST 2025 NEUTRAL CITATION R/SCR.A/6347/2023 JUDGMENT DATED: 29/08/2025 undefined present petitioners has not proceeded any further.
10. However, with due regard to trial against husband-main accused No.1 having resulted into acquittal on account of settlement arrived at and the complainant being declared hostile, no useful purpose would be served in prosecuting present petitioners any further on the basis of same FIR and therefore, FIR registered as C.R.No.I-11208001230010/2023 with Mahila Police Station, Rajkot City, for the offences punishable under Sections 498A, 504, 114 of the Indian Penal Code and Charge-sheet dated 23-01-2023 in connection with aforesaid FIR, deserves to and are hereby quashed and set aside.
11. The Court may also referred to fact that even in another proceedings under the Domestic Violence Act, the matter has resulted in settlement, which was recorded in Lok Adalat on 03-05-2025 and on the basis of which, cognate matter being Special Criminal Application No.6349 of 2023 has also disposed of by separate order.
12. In the result, the petition is allowed. The impugned C.R.No.I- 11208001230010/2023 with Mahila Police Station, Rajkot City, for the offences punishable under Sections 498A, 504, 114 of the Indian Penal Code and Charge-sheet dated 23-01-2023 in connection with aforesaid Page 5 of 6 Uploaded by MR PARESH J SOMPURA(HC00451) on Mon Sep 01 2025 Downloaded on : Mon Sep 01 22:25:06 IST 2025 NEUTRAL CITATION R/SCR.A/6347/2023 JUDGMENT DATED: 29/08/2025 undefined FIR, are ordered to be quashed and set aside. Rule is made absolute to the aforesaid extent. Liberty in case of difficulty.
(A.Y. KOGJE, J) PARESH SOMPURA Page 6 of 6 Uploaded by MR PARESH J SOMPURA(HC00451) on Mon Sep 01 2025 Downloaded on : Mon Sep 01 22:25:06 IST 2025