Ashok Kalubhai Goswami vs State Of Gujarat on 3 December, 2025

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                            R/CR.MA/19239/2021                                        ORDER DATED: 03/12/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                            R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                          FIR/ORDER) NO. 19239 of 2021
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                                                   ASHOK KALUBHAI GOSWAMI
                                                            Versus
                                                   STATE OF GUJARAT & ANR.
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                      Appearance:
                      MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
                      MR. MANAN MAHETA, APP for the Respondent(s) No. 1
                      MR. VIVEK PAREKH FOR MR. RAJDEEPSINH R JODDHA(8855) for the
                      Respondent(s) No. 2
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                           CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                                                           Date : 03/12/2025

                                                             ORAL ORDER

1. By way of filing this application under Section 482 of the Code of Criminal Procedure, the applicant (original accused No.4) has prayed to quash and set aside the FIR being CR No. 11191037211392 of 2021 registered with the Odhav Police Station, Ahmedabad City, for the offences punishable under Sections 306 and 114 of the Indian Penal Code, as well as all other consequential proceedings pursuant thereto.

2. Today, when the matter is called out, the complainant and the victim both are personally present before this Court and have produced their I.D proofs and affidavits, which are ordered to be taken on record. In the affidavits, both the complainant and the victim have categorically stated that they have amicably resolved the dispute with the applicant-accused and now there is no ill-will or any grievance amongst them.

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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 the 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 the rule for and on behalf of the respondent No.1 State. Learned advocate Mr.Vivek Parekh waives service of notice of rule on behalf of the respondent No.2 Complainant.

5. Learned advocate appearing for the applicant has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR may be quashed and set-aside.

6. Learned APP appearing for the respondent - State has vehemently opposed the present application and has relied upon the judgment of the Supreme Court in the case of Daxaben vs. State of Gujarat, reported in 2022 (16) SCC 117 has submitted that considering the seriousness and gravamen of the offence, the complaint in question may not be quashed, and the present application may be rejected.

7. The complainant, who is personally present in the Court has stated before this Court that he has no objection, if the FIR is quashed. Thus, sending the applicant-accused to face the trial is a futile exercise. The relevant para of the affidavit reads thus :

"I say and submit that due to the intervention of friends and well wishers, the deponent has settled the issue

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concerning the FIR with the accused -applicant herein. I say and submit that I have no objection if the impugned FIR is quashed on the grounds of settlement. I say and submit that the dispute pertaining to FIR has been fully settled between the parties and I have no ill-will against the concerned accused. I say and submit that I do not wish to further prosecute the applicant / accused in connection with the aforesaid FIR and therefore, I have no objection if the proceedings of the impugned FIR as well as any further proceedings arising out of the FIR are terminated against he applicant / accused."

8. It is noteworthy that the victim of the present offence is also present before this Court and has filed the affidavit, which reads thus:

"I say and submit that due to the intervention of friends and well wishers, the deponent has settled the issue concerning the FIR with the accused - applicant herein. I say and submit that I have no objection if the impugned FIR is quashed on the grounds of settlement. I say and submit that the dispute pertaining to FIR has been fully settled between the parties and I have no ill-will against the concerned accused. I say and submit that I do not wish to further prosecute the applicant / accused in connection with the aforesaid FIR and therefore, I have no objection if the proceedings of the impugned FIR as well as any further proceedings arising out of the FIR are terminated against he applicant / accused."

9. From the bare perusal of the FIR, it appears that no specific role has been attributed to the present applicant. A Co ordinate Bench of this Court has considered the application of the co- accused, who played similar role to that of the present applicant, vide order dated 04.09.2024 passed in Criminal Misc. Application

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No.20750 of 2021, wherein, the relevant paragraphs reads thus:

"[11.3] Insofar as the allegation of harassment by the applicant to the deceased leading the deceased to commit suicide is concerned, it is submitted that mere harassment, cannot be sufficient to hold an accused guilty of abetting the commission of suicide, without all the ingredients of section 306 of IPC being proved by the prosecution. In this regard, reference is required to be made to the decision of the Hon'ble Supreme Court in the case of Naresh Kumar vs. State of Haryana reported in (2024)3 SCC 573. In paragraphs 22 and 23 of the said decision, the Hon'ble Supreme Court observed and held as under:

"22. This Court in Kashibai vs. State of Karnataka, observed that to bring the case within the purview of "abetment" under Section 107 IPC, there has to be an evidence with regard to the instigation, conspiracy or intentional aid on the part of the accused and for the purpose proving the charge under Section 306 IPC, also there has to be an evidence with regard to the positive act on the part of the accused to instigate or aid to drive a person to commit suicide.

23. Had there been any clinching evidence of incessant harassment on account of which the wife was left with no other option but to put an end to her life, it could have been said that the accused intended the consequences of his act, namely, suicide. A person intends a consequence when he (1)foresees that it will happen if the given series of acts or omissions continue, and (2)desires it to happen. The most serious level of culpability, justifying the most serious levels of punishment, is achieved when both these components are actually present in the accused's mind (a "subjective" test)."

[11.4] At this stage, it would also be apposite to refer to the decision in the case of State of Karnataka vs. L. Muniswamy reported in (1977)2 SCC 699, wherein the Hon'ble Supreme Court in paragraph No.7 has observed thus:

"7. The wholesome power under Section 482 CrPC entitles the High Court to quash a proceeding when it comes to the

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conclusion that allowing the proceeding to continue would be an abuse of the process of the Court or that the ends of justice require that the proceeding ought to be quashed. The High Courts have been invested with inherent power, both in civil and criminal matters, to achieve a salutary public purpose. A court proceeding ought not to be permitted to degenerate into a weapon of harassment or persecution. The Court observed in this case that ends of justice are higher than the ends of mere law though justice must be administered according to laws made by the legislature."

Considering the aforesaid fact, as the applicant have rendered their official and legal duty without there being any circumstances to even remotely indicate that there was any instigation on the part of the applicant/s to abet the commission of an offence and much less in absence of any mens rea, there was no any such act or intention that the applicant/s intended to bring about the suicide to deceased."

10. It also appears that considering the settlement between the parties, the Co ordinate Bench of this Court has quashed the FIR vide order dated 18.11.2025 passed in Special Criminal Application No.6972 of 2025.

11. Having heard learned counsel appearing for the respective parties, as well as considering the orders passed by the Co ordinate Bench and also considering the facts and circumstances arising out of the present application, so 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

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SC 604, it appears that continuing further with the criminal proceedings in relation to the impugned FIR 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 would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and all other consequential proceedings are required to be quashed and set aside in exercise of the powers conferred under Section 482 of the Code of Criminal Procedure.

12. In the result, the application is allowed. The FIR being C.R. No. 11191037211392 of 2021 registered with the Odhav Police Station, Ahmedabad City, for the offences punishable under Sections 306 and 114 of the Indian Penal Code, as well as all other consequential proceedings pursuant thereto are hereby quashed and set aside. Direct service is permitted.

(VIMAL K. VYAS, J) prk