Gujarat High Court
Bagubhai @ Bhagvanbhai Mansangbhai ... vs State Of Gujarat on 20 November, 2025
NEUTRAL CITATION
R/CR.MA/24117/2025 ORDER DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 24117 of 2025
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BAGUBHAI @ BHAGVANBHAI MANSANGBHAI CHAUDHARI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR TUSHAR CHAUDHARY(5316) for the Applicant(s) No. 1
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 20/11/2025
ORAL ORDER
1. Learned advocate Mr.Prakash Desai appears and submits that
he has instructions to appear on behalf of the respondent No.2-
complainant. He is permitted to file his appearance. Registry shall
accept his vakalatnama.
2. RULE returnable forthwith. Learned APP Mr.Manan Maheta
waives service of notice of rule for and on behalf of the respondent
no. 1 - State and learned advocate Mr.Prakash Desai waives service
of notice of rule for and on behalf of the respondent no.2 - original
complainant.
3. By way of preferring the present application under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-
accused seeks to invoke the inherent powers of this Court, praying
to quash and set-aside the First Information Report
No.11206038250761 of 2025 registered with the Langhnaj Police
Station, District - Mehsana, for the offences punishable under
NEUTRAL CITATION
R/CR.MA/24117/2025 ORDER DATED: 20/11/2025
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Sections 89, 85, 115(2), 351(3) and 54 of the Bharatiya Nyaya
Sanhita, 2023, and under Sections 3 and 4 of the Dowry Prohibition
Act, as well as all other consequential proceedings arising pursuant
thereto.
4. 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 20.11.2025,
which are ordered to be taken on record. In the said affidavit, the
complainant has categorically stated that the present applicant-
accused, a gynecologist, had treated her and performed his duty
and there was no ill will on the part of the applicant. Therefore, she
has stated that she does not want to proceed further with the
proceedings of the impugned FIR and requested to quash and set
aside the same.
5. 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.
6. Learned advocate appearing for the applicant-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 the present application may be
NEUTRAL CITATION
R/CR.MA/24117/2025 ORDER DATED: 20/11/2025
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allowed and the impugned FIR as well as all other consequential
proceedings may be quashed and set-aside in exercise of the
powers conferred under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
7. The relevant paragraph of the said affidavit reads as under:
"I further say and submit that so now the said dispute is
settled between me and the applicant so if the FIR filed by me
is quashed and set aside qua present applicant by this Hon'ble
Court then I have no objection."
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
arising pursuant thereto are required to be quashed and set-aside in
exercise of the powers conferred under Section 528 of the Bharatiya
NEUTRAL CITATION
R/CR.MA/24117/2025 ORDER DATED: 20/11/2025
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Nagarik Suraksha Sanhita, 2023.
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.11206038250761 of 2025 registered
with the Langhnaj Police Station, District - Mehsana, for the offences
punishable under Sections 89, 85, 115(2), 351(3) and 54 Bharatiya
Nyaya Sanhita, 2023, and under Sections 3 and 4 of the Dowry
Prohibition Act, 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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