Gujarat High Court
Gopi Janak Bhavsar vs State Of Gujarat on 6 August, 2025
NEUTRAL CITATION
R/CR.MA/2786/2014 ORDER DATED: 06/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 2786 of 2014
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GOPI JANAK BHAVSAR & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HB CHAMPAVAT(6149) for the Applicant(s) No. 1,2
MR RJ GOSWAMI(1102) for the Applicant(s) No. 1,2
MR SOHAM JOSHI, APP for the Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 06/08/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973 (hereinafter referred to as "the Code"),
the petitioners have prayed for quashing and setting aside FIR
being C.R.No.I-120 of 2013 registered with Kamlabaugh Police
Station, Porbandar for the offences punishable under Sections
406, 506 and 114 of Indian Penal Code as well as all other
consequential proceedings arising out of the aforesaid FIR qua
the petitioner herein.
2. Facts of the case are as under :-
2.1. It is alleged in the FIR that petitioner no.1 got married with
son of respondent no.2 - Utsav Rajubhai Chotai on 17.01.2013.
It is further alleged that at the time of marriage, respondent no.2
has given certain ornaments to petitioner no.1 but said
ornaments have been kept at parental house of the petitioner
NEUTRAL CITATION
R/CR.MA/2786/2014 ORDER DATED: 06/08/2025
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no.1 and when respondent no.2 demanded the same, petitioners
have refused to give back the same and have threatened
respondent no.2. Hence, FIR was filed.
3. Learned advocate Mr.H.A.Qureshi for petitioners placed on
record customary divorce deed executed between Utsav
Rajendrabhai Chotai and Gopi Utsav Chotai and submitted that
subsequent to filing of FIR, settlement has been arrived between
the parties and ornaments and other articles have been
exchanged. It is agreed that Criminal complaint filed in
Porbander against the petitioners shall be withdrawn and
complainant shall extend cooperation in quashing the FIR. It is
also submitted that divorce by mutual consent has taken place
before the Family Court. Therefore, he submits to allow the
application.
4. Though respondent no.2 is served, none appears.
5. Learned APP for the respondent - State submitted that
contentions raised by the petitioners may be examined during
trial and cannot be reason to quash FIR at this stage.
6. Having heard learned advocates on both the sides and
considering the facts and circumstances of the case, it appears
that after filing of FIR, settlement has arrived between the
parties and divorce by mutual consent is also obtained. In the
opinion of this Court, looking to para 4 and 5 of the customary
divorce deed, further continuation of criminal proceedings
against the petitioners in relation to the impugned FIR would
cause unnecessary harassment to the petitioners. Further, the
NEUTRAL CITATION
R/CR.MA/2786/2014 ORDER DATED: 06/08/2025
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continuance of trial pursuant to the mutual settlement arrived at
between the parties would be a futile exercise. Hence, to secure
the ends of justice, it would be appropriate to quash and set
aside the impugned FIR and all consequential proceedings
initiated in pursuance thereof under Section 482 of the Cr.P.C..
7. In the result, the application is allowed. The impugned FIR
being C.R.No.I-120 of 2013 registered with Kamlabaugh Police
Station, Porbandar as well as all consequential proceedings
initiated in pursuance thereof are hereby quashed and set aside
qua the applicants herein. Rule is made absolute. Direct service
is permitted.
8. Learned advocate Mr.Qureshi is permitted to place on
record judgment of divorce taken by mutual consent before the
Registry within 15 days. Registry to accept the same and keep it
as part of record.
(J. C. DOSHI,J)
SATISH
