Gujarat High Court
Dineshbhai Kohyabhai Dodiyar vs State Of Gujarat on 21 May, 2026
NEUTRAL CITATION
R/CR.MA/11894/2026 ORDER DATED: 21/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
11894 of 2026
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DINESHBHAI KOHYABHAI DODIYAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR A A ZABUAWALA(6823) for the Applicant(s) No. 1
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 21/05/2026
ORAL ORDER
1. Learned advocate Mr. A. N. Pathan appears and submits that he has instructions to appear on behalf of the respondent No. 2- complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.
2. By way of filing this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant accused has prayed to quash and set aside the FIR being C.R.No.11188009210696 of 2021 registered with Modasa Town Police Station, Arvalli, for the offences punishable under Sections 376, 363, 366 and 506(2) of the Indian Penal Code as well as the proceedings of the Sessions Case No.39 of 2022, pending before the Addl. District and Sessions Judge, Arvalli so also all other consequential proceedings arising pursuant thereto qua the applicant herein.
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3. Today, when the matter is called out, the complainant is present before this Court and has produced her identity proof which is ordered to be taken on record. The affidavit filed by the complainant is annexed at Annexure - 'C' to the application. In the affidavit, the complainant has categorically stated that the dispute with the applicant has been resolved and there is no ill- will or any grievance amongst them.
4. 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.
5. 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. A. N. Pathan waives service of notice of rule for and on behalf of the respondent No.2- complainant.
6. The complainant, who is personally present in the Court, has categorically stated that the dispute has been amicably resolved with the applicant and she has no objection, if the FIR as well as the proceedings of the Sessions Case are quashed. Thus, sending the applicant-accused to face the trial would be a futile exercise.
7. The relevant paragraphs of the affidavit filed by the Page 2 of 7 Uploaded by NABILA A. VHORA(HC00630) on Fri May 22 2026 Downloaded on : Fri May 22 23:59:27 IST 2026 NEUTRAL CITATION R/CR.MA/11894/2026 ORDER DATED: 21/05/2026 undefined complainant read thus:
"I, the undersigned, I, HIRALBEN HEMANTBHAI JUMABHAI KHANT Age: 20 Years (Male), Occupation:-
House Hold Work, R/O: Khalikpur, Taluka: Modasa, District : Arvalli.do hereby solemnly affirm and state on oath as under:-
1. I respectfully submit that, I am victim girl as well as complainant in the FIR being I Crime Register No. 11188009210696 of 2021 registered at Modasa town Police Station District Arvalli, for the offence punishable under section 376, 363, 506(2) of the Indian Penal Code 1860.
2. It is the case of the complainant; 15.11.2021 that, complainant completion of the routine work of the day; it is alleged that, the when the complainant return from flour factory at that time accused meet with the complainant and abducted the complainant; It is alleged that, the complainant and accused person went to the madhapar and residing at the house and make physical relation with complainant: it is further alleged that, the Family member of the complainant came at the Madhapar;
therefore the accused person run way from the place; therefore; the complainant register against the present applicant at Arvalli Police station.
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3. That, I have informed my family about love relation with the present applicant and It is submitted that. the complainant / father not ready to accepted the relation of the present applicant for difference of the ritual custom and social states and my relationship therefore the I lodge the FIR against the present applicant; it is further submitted that, revel the fact of the case me and present applicant got marriage on 13.08.2025 and now settlement was carried out between the party by the elder of the village but my family not ready to accept the relationship; it is very clear that, nothing was happened with the me therefore the as I don't further proceed with FIR; in this aspect and impugned FIR is required to be quashed and set aside in the interest of justice.
4. It is submitted that, I left home willingly and went with the petitioner for the purpose of the marriage we loved each other and deep love between as and enjoy marriage life with present applicant; we are living together very happily and enjoying the marriage life as husband and wife; therefore the as victim girl I don't want to continue with the criminal complaint; hence there is no dispute and no grievance is left now therefore; impinged FIR and require to be quash and set site Quash in interest of justice.
5. It is submitted that, the FIR which was register by Page 4 of 7 Uploaded by NABILA A. VHORA(HC00630) on Fri May 22 2026 Downloaded on : Fri May 22 23:59:27 IST 2026 NEUTRAL CITATION R/CR.MA/11894/2026 ORDER DATED: 21/05/2026 undefined me under influence of the family is suppressing the martial fact; I voluntaries left the house; therefore, the contention of the FIR is not true, I further say and submits that, present applicant was not abducted / kidnapped by anyone. But factually I left home willingly and I married with petitioner; under such circumstance of the case the impugned FIR and pending case is required to be quash and set aside in interest of Justice.
6. I respectfully say and submit that I am withdrawing all allegations alleged by me with respect to this offence and giving my free consent for quashing and setting aside the FIR being I Crime Register No. 11188009210696 of 2021 for the offences punishable under section 376, 363, 506(2) of the Indian Penal Code 1860 on 25.12.2025 at Modasa town Police Station, District Arvalli and also urged to this Hon'ble Court to quash.
7. I hereby give my no objections to this petition and say that this petition may kindly be allowed on the ground of settlement.
8. It is respectfully submitted that, I would not desirous to continues with the further proceeding in connection with the FIR being I Crime Register No. 11188009210696 OF 2021 for the offences punishable under section 376, 363, 506(2) of the Page 5 of 7 Uploaded by NABILA A. VHORA(HC00630) on Fri May 22 2026 Downloaded on : Fri May 22 23:59:27 IST 2026 NEUTRAL CITATION R/CR.MA/11894/2026 ORDER DATED: 21/05/2026 undefined Indian Penal Code 1860 at Modasa town Police Station, District Arvalli, and Session Case No 39 Of The 2022 Which Was Pending Before The Addl District And Session Judge At Arvalli in interest of Justice."
8. 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 sessions case against the applicant- accused would be an unnecessary harassment to the applicant- accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR and Sessions Case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR as well as the proceedings of the Sessions Case 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 Page 6 of 7 Uploaded by NABILA A. VHORA(HC00630) on Fri May 22 2026 Downloaded on : Fri May 22 23:59:27 IST 2026 NEUTRAL CITATION R/CR.MA/11894/2026 ORDER DATED: 21/05/2026 undefined Sanhita, 2023.
9. In the result, the application is allowed. The proceedings of the FIR being C.R.No.11188009210696 of 2021 registered with Modasa Town Police Station, Arvalli, for the offences punishable under Sections 376, 363, 366 and 506(2) of the Indian Penal Code as well as the proceedings of the Sessions Case No.39 of 2022, pending before the Addl. District and Sessions Judge, Arvalli so also all other consequential proceedings arising out of the aforesaid FIR qua the applicant are hereby quashed and set aside.
10. Rule is made absolute to the aforesaid extent. Direct service is permitted.
(VIMAL K. VYAS, J) NABILA Page 7 of 7 Uploaded by NABILA A. VHORA(HC00630) on Fri May 22 2026 Downloaded on : Fri May 22 23:59:27 IST 2026