Citation : 2025 Latest Caselaw 7875 Guj
Judgement Date : 13 November, 2025
NEUTRAL CITATION
R/SCR.A/12113/2023 JUDGMENT DATED: 13/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 12113 of 2023
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NIRUBEN SHIVABHAI SHRIMALI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
JAYDEEP H SINDHI(9585) for the Applicant(s) No. 1
MR. KRUTIK PARIKH, APP for the Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 13/11/2025
ORAL JUDGMENT
1. Present application is preferred by the Petitioners (Original Accused Number 2) under Section 482 of the Code of Criminal Procedure, seeking quashing of FIR No. 11191019230651 of 2023 registered with Vatva G.I.D.C. Police Station, Ahmedabad for the offences punishable under Sections 498A, 323, 506(2), 114 of the Indian Penal Code and Sections 3 and 4 of The Dowry Prohibition Act.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent - State. Learned Advocate Mr. Subham T. Waghmare appears and states that he has received instructions to appear on behalf of Respondent No.2 - Original Complainant and he would be filing his appearance during the course of the day. He also places on record the Affidavit of the Original Complainant - Matangiben dated 13.11.2025 on record which is ordered to be taken on record.
3. Rule. Learned APP waives service of notice for and on behalf of the respondent - State and learned Advocate Mr. Subham T. Waghmare waives service of Rule on behalf of the Original Complainant.
NEUTRAL CITATION
R/SCR.A/12113/2023 JUDGMENT DATED: 13/11/2025
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4. Learned Advocate for the Petitioner has submitted that the matter has been amicably settled between the parties and they are now not willing to proceed with the complaint any further.
5. Leaned Advocate Mr. Waghmare appearing on behalf of Respondent No. 2 - Matangiben (Original Complainant), who is present before this Court, has placed on record duly sworn in Affidavit dated 13.11.2025. The same is ordered to be taken on record. Learned Advocate has submitted that matter has been amicably settled between the parties and there is no objection if present application is allowed. The relevant paragraph from the Affidavit reads thus:
"2. I submit and state that since we were married to each other and are known to each other since long time and out of the heat of the moment and the concerned situation, I had filed the present FIR, but now with the intervention of mutual friends and family the matter is amicably settled between us and as such we don't have any further grievance or grudges with the applicant and the matter is amicably settled amongst both the parties and hence I don't want to proceed further with the impugned FIR.
3. Therefore, I submit and state that, I don't have any objection if the impugned FIR dated 10/08/2023, bearing C.R. No. 11191019230651 of 2023 registered with Vatva G.I.D.C. Police Station, Ahmedabad for the offences punishable U/s. 498(A), 323, 506(2), 114 of IPC read with section 3 & 4 of the Dowry Prohibition Act, and consequential proceedings there under are quashed and set aside."
6. Considering averments made in the Affidavit as also the submissions made by the learned Advocates for the respective parties, the present Application deserves to be allowed and is hereby allowed. The FIR No. 11191019230651 of 2023 registered with Vatva G.I.D.C. Police
NEUTRAL CITATION
R/SCR.A/12113/2023 JUDGMENT DATED: 13/11/2025
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Station, Ahmedabad for the offences punishable under Sections 498A, 323, 506(2), 114 of the Indian Penal Code and Sections 3 and 4 of The Dowry Prohibition Act is hereby quashed and set aside qua the present Petitioner. Rule is made absolute.
(M. R. MENGDEY,J)
J.N.W / 333
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