Bhaveshgiri Pratapgiri Goswami vs State Of Gujarat

Gujarat High Court

Bhaveshgiri Pratapgiri Goswami vs State Of Gujarat on 24 November, 2025

                                                                                                         NEUTRAL CITATION




                             R/SCR.A/15347/2025                             ORDER DATED: 24/11/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                         R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 15347 of 2025

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                                         BHAVESHGIRI PRATAPGIRI GOSWAMI & ORS.
                                                         Versus
                                               STATE OF GUJARAT & ANR.
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                       Appearance:
                       MS MARIYA M DALAL(3957) for the Applicant(s) No. 1,2,3,4,5,6,7,8
                       MS. JYOTI BHATT, APP for the Respondent(s) No. 1
                       ==========================================================

                            CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                                       Date : 24/11/2025

                                                        ORAL ORDER

1. Present application is preferred by the Petitioners (Original Accused Numbers 1 to 8) under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 11198068230409 of 2023 registered with Bharatnagar Police Station, Bhavnagar for the offences punishable under Sections 498A, 506(2) and 114 of the Indian Penal Code.

2. Heard learned Advocate for the Petitioners and learned APP for the Respondent - State. Learned Advocate Mr. Om Shah appears and states that he has received instructions to appear on behalf of Respondent No.2

- Original Complainant and he would file his appearance during the course of the day.

2.1 Registry to accept the Vakalatnama of learned Advocate appearing on behalf of Respondent No.2.

3. Rule. Learned APP waives service of notice for and on behalf of the respondent - State.

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4. Learned Advocate for the Petitioners submitted that the matter has been amicably settled between the parties and they are now not willing to proceed with the complaint any further.

5. Leaned Advocate Mr. Om Shah appearing on behalf of Respondent No. 2 (Original Complainant) - Pritiben who is present before this Court, has placed on record duly sworn in Affidavit dated 21.11.2025. The same is ordered to be taken on record. Learned Advocate has submitted that matter has been amicably settled between the parties and there is no objection if present application is allowed. The affidavit reads thus:

" 2. I state that with the intervention of family elders and well- wishers, all the matrimonial disputes have now been amicably resolved and settled. I further state that all issues, including custody arrangements of the minor child, permanent alimony, maintenance, stridhan, movables, and all other claims, have been fully and finally settled by mutual agreement. No civil, criminal, or personal disputes now remain pending between us, except the present one.

3. I state that pursuant to the above settlement, myself and petitioner no. 1 jointly filed a petition for divorce by mutual consent under Section 13B of the Hindu Marriage Act, being Family Suit No. 73 of 2025, and the Hon'ble Family Court has passed judgment and Final Decree dated 28.08.2025, thereby dissolving our marriage by mutual consent.

4. I further state that in view of the aforesaid settlement and the decree of divorce, I am not desirous of prosecuting the criminal case arising out of the above-referred FIR. I hereby state that I have no objection and I voluntarily give my free, conscious, and unconditional consent for quashing of the FIR being C.R. No. 11198068230409 dated 21.05.2023, registered at Bharatnagar Police Station, District Bhavnagar, and for quashing of all proceedings, if any, arising therefrom, against the present petitioners.

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5. I state that my consent is voluntary, without any pressure, coercion, force, threat, or undue influence from any corner. I am giving this affidavit after fully understanding the nature and consequences of the same."

6. Considering averments made in the Affidavit as also the submissions made by the learned Advocates for the respective parties, the present Application deserves to be allowed and is hereby allowed. The FIR being CR No. 11198068230409 of 2023 registered with Bharatnagar Police Station, Bhavnagar for the offences punishable under Sections 498A, 506(2) and 114 of the Indian Penal Code is hereby quashed and set aside qua the present Petitioners.

Rule is made absolute.

(M. R. MENGDEY,J) J.N.W / 5 Page 3 of 3 Uploaded by J.N. WAGHELA(HC00178) on Tue Nov 25 2025 Downloaded on : Tue Nov 25 22:39:04 IST 2025