Gujarat High Court
Divyangbhai Sureshbhai Parmar vs State Of Gujarat on 12 November, 2025
NEUTRAL CITATION
R/CR.MA/13882/2024 ORDER DATED: 12/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 13882 of 2024
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DIVYANGBHAI SURESHBHAI PARMAR & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.ADITYA J PANDYA(6991) for the Applicant(s) No. 1,2,3,4,5
MR. MAGANBHAI B BUNDELIYA(8328) for the Respondent(s) No. 2
MS. KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 12/11/2025
ORAL ORDER
1. RULE returnable forthwith. Learned APP Ms.Krina Calla waives
service of notice of rule for and on behalf of the respondent no. 1 -
State and learned advocate Mr.Maganbhai Bundeliya waives service
of notice of rule for and on behalf of the respondent no.2 - original
complainant.
2. By way of preferring the present application under Section
482 of the Code of Criminal Procedure, 1973, the applicants-
accused, who are the husband and in-laws of the complainant, seek
to invoke the inherent powers of this Court, praying to quash and
set-aside the First Information Report No.11198036240018 of 2024
registered with the Mahila Police Station, Bhavnagar, District -
Bhavnagar, for the offences punishable under Sections 498A, 504,
506(2), 114 and 323 of the Indian Penal Code, as well as all other
consequential proceedings arising pursuant thereto.
NEUTRAL CITATION
R/CR.MA/13882/2024 ORDER DATED: 12/11/2025
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3. Today, when the matter is called out, the victim/complainant,
who is personally present before this Court, has produced her
identity proof and has also filed an affidavit dated 12.11.2025,
which are ordered to be taken on record. In the said affidavit, the
complainant has categorically stated that with the intervention of
the friends, family members and community people, the dispute has
been amicably resolved with the applicants 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 has been amicably
resolved between the parties, with the consent of the learned
advocates appearing for the respective parties, the present
application is taken up for final disposal.
5. Learned advocate appearing for the applicants-accused has
taken this Court through the factual matrix arising out of the
present application. At the outset, learned advocate has submitted
that the parties have amicably resolved the dispute inter se and
they do not want to proceed further with the matter. Therefore, he
has submitted that continuing further with the proceedings pursuant
to the impugned FIR would be nothing but a futile exercise and it
would amount to abuse of process of law. Further, the same would
create unnecessary harassment to the parties. Learned advocate
has, therefore, submitted that considering the matrimonial life of
the husband and the wife, the present application may be allowed
and the impugned FIR as well as the proceedings of the Criminal
Case may be quashed and set-aside in exercise of the powers
conferred under Section 482 of the Code of Criminal Procedure,
1973.
NEUTRAL CITATION
R/CR.MA/13882/2024 ORDER DATED: 12/11/2025
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6. The complainant, who is present in the Court, has also filed an
affidavit, inter-alia, stating that the dispute has been amicably
resolved with the intervention of the relatives, family members and
respected persons of the community and she has no objection if the
application is allowed and the impugned FIR as well as the
proceedings of the Criminal Case are quashed and set-aside.
7. The relevant paragraph of the said affidavit reads as under:
"I state and submit that we have amicably settled all the
disputes and differences with the present applicants, being
named in the above First Information Report bearing No.
11198036240018 of 2024."
8. Having heard learned advocates appearing for the respective
parties as well as having considered the affidavit filed by the
complainant and the facts & circumstances emerging from the
present application as well as taking into consideration the decisions
rendered in the cases of Gian Singh vs. State of Punjab &
Another, 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 & Another,
reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others,
reported in (2009) 1 GLH 190, and Narinder Singh & Others vs.
State of Punjab & Another, 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
pursuant to the impugned FIR against the applicants-accused would
be nothing but a futile exercise and it would amount to abuse of
process of law. Further, the same would put the parties to
unnecessary harassment/hardships. Hence, to secure the ends of
justice, the impugned FIR and all other consequential proceedings
NEUTRAL CITATION
R/CR.MA/13882/2024 ORDER DATED: 12/11/2025
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arising pursuant thereto are required to be quashed and set-aside in
exercise of the powers conferred under Section 482 of the Code of
Criminal Procedure, 1973.
9. This Court has also considered the recent pronouncement of
the Supreme Court in the case of Shobhit Kumar Mittal vs. State
of Uttar Pradesh and another, reported in 2025 INSC 1152, more
particularly, paragraphs-22 and 23 of the judgment.
10. In the result, the application is allowed. The proceedings of
the First Information Report No.11198036240018 of 2024 registered
with the Mahila Police Station, Bhavnagar, District - Bhavnagar, for
the offences punishable under Sections 498A, 504, 506(2), 114 and
323 of the Indian Penal Code, as well as all other consequential
proceedings arising pursuant thereto are hereby ordered to be
quashed and set-aside.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
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