Gujarat High Court
Uday Javahar Kotnis vs State Of Gujarat on 21 May, 2026
NEUTRAL CITATION
R/SCR.A/9696/2023 ORDER DATED: 21/05/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9696 of 2023
==========================================================
UDAY JAVAHAR KOTNIS & ORS.
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
DR. HIREN S SOMAIYA(8031) for the Applicant(s) No. 1,2,3
HARSH A VYAS(9330) for the Respondent(s) No. 2
MR. MOULESH A VYAS(17275) for the Respondent(s) No. 2
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 21/05/2026
ORAL ORDER
1. By way of filing this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants- accused have prayed to quash and set aside the FIR being C.R. No.11215018230003 of 2023 registered with Anand Women Police Station, Anand, for the offences punishable under Sections 498(A), 323, 504 and 114 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act as well as the proceedings of the Criminal Case No.2942 of 2023 pending before the 4 th JMFC Court, Anand and all other consequential proceedings arising pursuant thereto qua the applicants herein.
2. Today, when the matter is called out, the complainant is present before this Court through video conferencing. Learned advocate appearing on behalf of the complainant has tendered the identity proof and affidavit which is ordered to be taken on Page 1 of 5 Uploaded by NABILA A. VHORA(HC00630) on Fri May 22 2026 Downloaded on : Fri May 22 23:59:31 IST 2026 NEUTRAL CITATION R/SCR.A/9696/2023 ORDER DATED: 21/05/2026 undefined record.In the affidavit, the complainant has categorically stated that the dispute with the applicants has been resolved and there is no ill-will or any grievance amongst them.
3. Considering the issue involved in the present application as well as considering the fact that the dispute between the parties has been amicably resolved, with the consent of learned advocates for the respective parties, the present application is taken up for final disposal.
4. Rule returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent No.1 State. Learned advocate Mr. Harsh A. Vyas waives service of notice of rule for and on behalf of the respondent No.2- complainant.
5. The complainant, who is present before the Court through virtual mode, has categorically stated that the dispute has been amicably resolved with the applicants and she has no objection, if the FIR as well the proceedings of the criminal case are quashed. Thus, sending the applicants-accused to face the trial would be a futile exercise.
6. The relevant paragraphs of the affidavit filed by the complainant read thus:
"I, PRIYA HARIDAS Age: about 34 years, Occupation:
Entrepreneur Residing at: Flat No K 701 7! FLOOR Montilla K wing Aldea Espanola Phase, VII Mahalunge Page 2 of 5 Uploaded by NABILA A. VHORA(HC00630) on Fri May 22 2026 Downloaded on : Fri May 22 23:59:31 IST 2026 NEUTRAL CITATION R/SCR.A/9696/2023 ORDER DATED: 21/05/2026 undefined Balewadi Pune 411007 state on oath and solemnly affirms that;
1. I am Respondent No. 2 of the captioned petition. I am conversant and circumstances with the facts of the matter and being original complainant, I filed present affidavit and by depose on affidavit give unequivocal and unconditional consent to quash and set aside FIRST INFORMATION REPORT NO.
11215018230003/ 2023 lodge at Anand Women Police Station dated 6th February 2023 for the offences punishable under section 498 (A), 323, 504, and 114 of the Indian penal code, 1860 and u/s 4 of the Dowry Prohibition Act which culminated into Criminal Case No. 2942 of 2023 pending before the Court of 8th Additional Senior Civil Judge and Additional Chief Judicial Magistrate, Anand and next date of hearing is 22/1/2026.
2. That the deponent is original complainant and petitioners are in-laws of Respondent No. 2 wherein husband is not before Your Lordship(s).
3. That due to intervention of the eminent people and friends of the Respondent No. 2 and her Husband Karan Kotnis parties arrived at amicable settlement and Karan Kotnis (husband) of the Respondent No. 2 agreed to pay Rupees 30,00,000/- (Thirty Lakhs) Page 3 of 5 Uploaded by NABILA A. VHORA(HC00630) on Fri May 22 2026 Downloaded on : Fri May 22 23:59:31 IST 2026 NEUTRAL CITATION R/SCR.A/9696/2023 ORDER DATED: 21/05/2026 undefined to the Respondent No. 2 and Respondent No. 2 and Karan Kotnis i.e. husband of Respondent No. 2 filed P.F 1805 of 2025 u/s 13(B) of the Hindu Marriage Act, 1955.
4. In view of agreement and also described in to the Divorce Petition file before the Family Court at Pune, I give my absolute and unconditional consent to quash above referred case filed by me against my husband and in-laws i.e. (Petitioners)"
7. 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 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) as well as 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 and 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 Criminal Case would amount to abuse of Page 4 of 5 Uploaded by NABILA A. VHORA(HC00630) on Fri May 22 2026 Downloaded on : Fri May 22 23:59:31 IST 2026 NEUTRAL CITATION R/SCR.A/9696/2023 ORDER DATED: 21/05/2026 undefined process of law. Hence, to secure the ends of justice, the impugned FIR as well as the proceedings of the Criminal Case so also 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.
8. In the result, the application is allowed. The proceedings of the FIR being C.R. No.11215018230003 of 2023 registered with Anand Women Police Station, Anand, for the offences punishable under Sections 498(A), 323, 504 and 114 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act as well as the proceedings of the Criminal Case No.2942 of 2023 pending before the 4th JMFC Court, Anand so also all other consequential proceedings arising out of the aforesaid FIR qua the applicants are hereby quashed and set aside.
9. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(VIMAL K. VYAS, J) NABILA Page 5 of 5 Uploaded by NABILA A. VHORA(HC00630) on Fri May 22 2026 Downloaded on : Fri May 22 23:59:31 IST 2026