Gujarat High Court
Shitalben Chhotalal Ruparelia vs State Of Gujarat on 29 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
R/SCR.A/6347/2023 JUDGMENT DATED: 29/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6347 of 2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-
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Approved for Reporting Yes No
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SHITALBEN CHHOTALAL RUPARELIA & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NAUMAN S QURESHI(10669) for the Applicant(s) No. 1,2,3
MR SHAKEEL A QURESHI(1077) for the Applicant(s) No. 1,2,3
MR. BHARGAV PANDYA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 29/08/2025
ORAL JUDGMENT
1. Present petition is filed for following reliefs:
"(A) Your Lordships may be pleased to admit and allow this
Application;
(B) Your Lordships may be pleased to allow the application by
quashing and setting aside the FIR and the proceedings thereof filed
by the respondent No.2 on 23.01.2023 for the offence registered
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R/SCR.A/6347/2023 JUDGMENT DATED: 29/08/2025
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before Mahila Police Station, Rajkot City District Rajkot vide FIR
bearing C.R. No. 11208001230010 of 2023 for the incident occurred
between 14.07.2019 to 08.03.2020 for the offences punishable under
sections 498-A, 504 and 114 of the Indian Penal Code, 1860, qua
the present applicants, in the interest of justice.
(BB) Your Lordships may be pleased to allow the application by
quashing and setting aside the FIR filed by the respondent no.2 on
23.01.2023 for the offence registered before Mahila Police Station,
Rajkot City, Rajkot vide FIR being C.R. No.11208001230010 of 2023
for the incident occurred between 14.07.2019 to 08.03.2020 for the
offence punishable under Sections 498-A, 504 and 114 of the Indian
Penal Code as well as Chargesheet filed before the learned Chief
Judicial Magistrate, Rajkot and all other consequential proceedings
thereof qua the present applicants in the interest of justice.
(C) Pending admission hearing and final disposal of this application,
be pleased to stay the further proceedings arising out of the FIR
bearing C.R. No. 11208001230010 of 2023 registered before Mahila
Police Station, Rajkot City, District Rajkot on 14.07.2019 to
08.03.2020 for the offences punishable under sections 498-A, 504
and 114 of the Indian Penal Code, 1860, qua the present applicants,
in the interest of justice;
(CC) Pending admission, hearing and final disposal of the
application, be pleased to stay the further and consequential
proceedings for the offence registered before Mahila Police Station,
Rajkot City, Rajkot vide FIR being C.R. No.11208001230010 of 2023
for the incident occurred between 14.07.2019 to 08.03.2020 for the
offence punishable under Sections 498-A, 504 and 114 of the Indian
Penal Code as well as Chargesheet filed against the all present
applicants and consequential proceedings thereof qua the present
applicant in the interest of justice."
2. FIR was registered on 23-01-2023 for incidents which have taken
place between 14-07-2019 to 08-03-2020 for offences punishable under
Sections 498A, 504 and 114 of Indian Penal Code, apparently, arising out
NEUTRAL CITATION
R/SCR.A/6347/2023 JUDGMENT DATED: 29/08/2025
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of matrimonial dispute between accused No.1, who is husband of
respondent No.2. The petitioners before the Court are relatives of
husband of respondent No.2. Petitioner No.1 is mother-in-law, petitioner
No.2 is father-in-law and petitioner No.3 is sister-in-law of the
complainant.
3. It appears that after investigation, charge-sheet came to be filed on
23-01-2023 against present petitioners, whereas name of accused No.1-
husband was reflected in Column No.2, as at the relevant time, he was
not available for investigation and was resident of Dubai.
4. Today, when the matter is taken up, learned Advocate for the
parties are absent. However, with the assistance of learned APP, the
matter is taken up for hearing.
5. During the course of hearing, attention of this Court is drawn to
judgment and order dated 21-05-2025 passed by 12 th Additional Judicial
Magistrate First Class, Rajkot in Criminal Case No.1044 of 2025, which
was arising out of present FIR.
6. The Court has perused impugned judgment and order dated 21-05-
2025 passed by 12th Additional Judicial Magistrate First Class, Rajkot in
Criminal Case No.1044 of 2025, which is trial of husband-accused No.1,
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R/SCR.A/6347/2023 JUDGMENT DATED: 29/08/2025
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which has resulted in clear acquittal on account of fact that respondent
No.2 - original complainant was declared hostile on the basis of mutual
settlement arrived at between the parties, pending the trial.
7. The Court has perused particularly Para-9 of the aforesaid
judgment and order in Criminal Case, wherein in the cross examination,
witness has admitted to settlement between husband and wife and that
the complainant was no more inclined to pursue further prosecution
against husband.
8. In that view of the matter, 12th Additional Judicial Magistrate First
Class, Rajkot by the impugned judgment and order dated 21-05-2025 was
pleased to acquit accused No.1-husband. The Court has perused the soft
copy of judgment and order dated 21-05-2025 passed by 12 th Additional
Judicial Magistrate First Class, Rajkot in Criminal Case No.1044 of 2025
available online.
9. This Court while entertaining present petition, had passed detailed
order dated 03-09-2024 taking cognizance of possibility of settlement and
thereby staying further proceedings against present petitioners. As a result
of this, the trial against husband had proceeded and resulted into
acquittal, whereas because of stay granted by this Court, the trial qua the
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R/SCR.A/6347/2023 JUDGMENT DATED: 29/08/2025
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present petitioners has not proceeded any further.
10. However, with due regard to trial against husband-main accused
No.1 having resulted into acquittal on account of settlement arrived at
and the complainant being declared hostile, no useful purpose would be
served in prosecuting present petitioners any further on the basis of same
FIR and therefore, FIR registered as C.R.No.I-11208001230010/2023 with
Mahila Police Station, Rajkot City, for the offences punishable under
Sections 498A, 504, 114 of the Indian Penal Code and Charge-sheet dated
23-01-2023 in connection with aforesaid FIR, deserves to and are hereby
quashed and set aside.
11. The Court may also referred to fact that even in another
proceedings under the Domestic Violence Act, the matter has resulted in
settlement, which was recorded in Lok Adalat on 03-05-2025 and on the
basis of which, cognate matter being Special Criminal Application
No.6349 of 2023 has also disposed of by separate order.
12. In the result, the petition is allowed. The impugned C.R.No.I-
11208001230010/2023 with Mahila Police Station, Rajkot City, for the
offences punishable under Sections 498A, 504, 114 of the Indian Penal
Code and Charge-sheet dated 23-01-2023 in connection with aforesaid
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R/SCR.A/6347/2023 JUDGMENT DATED: 29/08/2025
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FIR, are ordered to be quashed and set aside. Rule is made absolute to
the aforesaid extent. Liberty in case of difficulty.
(A.Y. KOGJE, J)
PARESH SOMPURA
