Gujarat High Court
Vijaybhai Rameshchandra Salvekar vs State Of Gujarat on 17 November, 2025
NEUTRAL CITATION
R/CR.MA/23530/2025 ORDER DATED: 17/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 23530 of 2025
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VIJAYBHAI RAMESHCHANDRA SALVEKAR & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR JIGNESH R MODI(11359) for the Applicant(s) No. 1,2,3,4
MR RAHUL RAJHANS(12788) for the Applicant(s) No. 1,2,3,4
MS. KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 17/11/2025
ORAL ORDER
1. Learned advocate Mr.Rauhan Gogda appears and submits that he has instructions to appear on behalf of the respondent - complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.
2. RULE returnable forthwith. Learned APP Ms.Krina Calla waives service of notice of rule for and on behalf of the respondent no. 1 - State and learned advocate Mr.Rauhan Gogda waives service of notice of rule for and on behalf of the respondent no.2 - original complainant.
3. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused, who are the husband and in-laws of the complainant, seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No.11184011230007 of 2023 registered with the Mahila Police Page 1 of 4 Uploaded by PIYUSH RAMESHBHAI KANOJIYA(HC01390) on Tue Nov 18 2025 Downloaded on : Wed Nov 19 02:36:55 IST 2025 NEUTRAL CITATION R/CR.MA/23530/2025 ORDER DATED: 17/11/2025 undefined Station, Chhota-Udepur, District- Chhota- Udepur, for the offences punishable under Sections 498A, 504 and 114 of the Indian Penal Code/ Bharatiya Nyaya Sanhita, 2023, as well as under Sections 3 and 4 of the Dowry Prohibition Act, and the proceedings of the Criminal Case No.1265 of 2023 pending before the court of learned JMFC, Kawant, District - Chhotaudepur.
4. Today, when the matter is called out, the complainant - victim, who is personally present before this Court, has produced her identity proof and has also filed an affidavit dated 22.10.2025, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that with the intervention of the elders and community members, the dispute has been amicably resolved with the applicants and there is no ill-will or any grievance amongst them.
5. 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.
6. Learned advocate appearing for the applicants-accused has taken this Court through the factual matrix arising out of the present application. At the outset, learned advocate has submitted that the parties have amicably resolved the dispute inter-se and they do not want to proceed further with the matter. Therefore, he has submitted that continuing further with the proceedings pursuant to the impugned FIR would be nothing but a futile exercise and it would amount to abuse of process of law. Further, the same would create unnecessary harassment to the parties. Learned advocate has, therefore, submitted that considering the matrimonial life of Page 2 of 4 Uploaded by PIYUSH RAMESHBHAI KANOJIYA(HC01390) on Tue Nov 18 2025 Downloaded on : Wed Nov 19 02:36:55 IST 2025 NEUTRAL CITATION R/CR.MA/23530/2025 ORDER DATED: 17/11/2025 undefined the husband and the wife, the present application may be allowed and the impugned FIR as well as the proceedings of the Criminal Case may be quashed and set-aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
7. The complainant, who is present in the Court, has also filed an affidavit, inter-alia, stating that the dispute has been amicably resolved with the intervention of elders and community members and respected persons of the community and she has no objection if the application is allowed and the impugned FIR as well as the proceedings of the Criminal Case are quashed and set-aside.
8. The relevant paragraph of the said affidavit reads thus:
"It is stated that I have no grievance against the present petitioners, and hence this Hon'ble High Court may be pleased to allow the petition as prayed for."
9. Having heard learned advocates appearing for the respective parties as well as having considered the affidavit filed by the complainant and the facts & circumstances emerging from the present application as well as 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 continuing further with the criminal proceedings pursuant to the impugned FIR against the applicants-accused would Page 3 of 4 Uploaded by PIYUSH RAMESHBHAI KANOJIYA(HC01390) on Tue Nov 18 2025 Downloaded on : Wed Nov 19 02:36:55 IST 2025 NEUTRAL CITATION R/CR.MA/23530/2025 ORDER DATED: 17/11/2025 undefined be nothing but a futile exercise and it would amount to abuse of process of law. Further, the same would put the parties to unnecessary harassment/hardships. Hence, to secure the ends of justice, the impugned FIR 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. This Court has also considered the recent pronouncement of the Supreme Court in the case of Shobhit Kumar Mittal vs. State of Uttar Pradesh and another, reported in 2025 INSC 1152, more particularly, paragraphs-22 and 23 of the judgment.
11. In the result, the application is allowed. The proceedings of the First Information Report No.11184011230007 of 2023 registered with the Mahila Police Station, Chhota-Udepur, District- Chhota- Udepur, for the offences punishable under Sections 498A, 504 and 114 of the Indian Penal Code, as well as under Sections 3 and 4 of the Dowry Prohibition Act, and the proceedings of the Criminal Case No.1265 of 2023 pending before the court of learned JMFC, Kawant, District - Chhotaudepur, are hereby ordered to be quashed and set- aside.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) prk Page 4 of 4 Uploaded by PIYUSH RAMESHBHAI KANOJIYA(HC01390) on Tue Nov 18 2025 Downloaded on : Wed Nov 19 02:36:55 IST 2025