Gujarat High Court
Biduthbhai Divakarbhai Gupta vs The State Of Gujarat on 4 November, 2025
NEUTRAL CITATION
R/SCR.A/1335/2021 ORDER DATED: 04/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 1335 of 2021
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BIDUTHBHAI DIVAKARBHAI GUPTA & ORS.
Versus
THE STATE OF GUJARAT & ANR.
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Appearance:
MR. HJ KARATHIYA(7012) for the Applicant(s) No. 1,2,3,4,5
ULLASH N GOHIL(8357) for the Applicant(s) No. 1,2,3,4,5
MR MH SHAIKH(2457) for the Respondent(s) No. 2
MR JAY MEHTA, APP for the Respondent(s) No. 1
TARIK M MANDLI(9482) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 04/11/2025
ORAL ORDER
1. When the matter is taken up for hearing, none remain
present for respondent no.2.
2. Heard learned advocate Mr.Karathiya for petitioners and
learned APP Mr.Mehta for respondent State.
3. The petition is filed under section 482 of Cr.P.C. to quash
FIR being C.R.No.11191047210006 of 2021 registered with
Mahila Police Station (East), Ahmedabad for the offence under
sections 498(A), 323, 506(2) and 114 of IPC and under section 4
of Dowry Prohibition Act.
4. Learned advocate Mr.Karathiya for the petitioners submit
that petitioner no.1 is husband and rest of the petitioners are in
laws. It is submitted that at the time of issuance of rule,
petitioner no.1 had not pressed the petition. Accordingly, order
NEUTRAL CITATION
R/SCR.A/1335/2021 ORDER DATED: 04/11/2025
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was passed on 11.02.2021 and petition for petitioner no.1 was
disposed of as not pressed. He would further submit that
subsequently, trial against petitioner no.1 - husband has been
conducted by learned Chief Metropolitan Magistrate, Ahmedabad
in Criminal Case No.125120 of 2021. He places on record copy of
judgment dated 01.11.2023 passed in Criminal Case No.125120
of 2021 and referred to para 8 thereof to submit that during trial
complainant has stated that she has compromised the dispute.
He further submits that pursuant to it, learned Trial Court has
acquitted husband from the charges levelled against him. It is
further submitted that mutual divorce is taken place by the
parties under section 13B of the Hindu Marriage Act by getting
divorce decree in Family Suit No.1983 of 2023. Learned advocate
for the petitioners places on record copy of the judgment passed
by learned Family court, Ahmedabad in Family Suit No.1983 of
2023 and referred to para 3.1 thereof to submit that parties have
agreed to withdraw pending litigation against each other.
4.1. In aforesaid premises, it is submitted that present petition
filed by in laws of the complainant deserve consideration and
requested to allow the petition.
5. In his utter fairness, learned APP confirms passing of
judgment by learned Trial Court and learned Family Court and
submitted that both matters were disposed of as compromise
took place between the parties and hence, he urged the Court to
pass necessary orders.
6. Judgment on record charters that subsequent to filing of
FIR parties i.e. complainant and her husband entered into
NEUTRAL CITATION
R/SCR.A/1335/2021 ORDER DATED: 04/11/2025
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compromise due to intervention of family members and heads of
society and decided to separate from their matrimonial discord
by snapping it. They have withdrawn allegations against each
other. It is squarely reflecting on perusal of reasons assigned by
learned Trial Court while penning judgment in Criminal Case
No.125120 of 2021 to acquit main accused - Biduthbhai Gupta.
Judgment of learned Family Court in Family Suit also
demonstrate that the parties have settled their dispute and
jointly requested learned Family Court to snap their matrimonial
discord. Judgment in Family Suit reference of which is stated
herein-above was passed on 12.01.2024 resulting in divorce
decree.
7. In aforesaid circumstances, FIR now becomes abuse of
process of law against the petitioners who are in laws of the
complainant.
8. In the result, the petition is allowed. The impugned FIR
being C.R.No.11191047210006 of 2021 registered with Mahila
Police Station (East), Ahmedabad as well as all consequential
proceedings initiated in pursuance thereof are hereby quashed
and set aside qua the petitioner nos.2 to 5 herein. Rule is made
absolute. Direct service is permitted.
(J. C. DOSHI,J)
SATISH
