Amitbhai Ashokbhai Barot vs State Of Gujarat
2025 Latest Caselaw 6253 Guj

Gujarat High Court

Amitbhai Ashokbhai Barot vs State Of Gujarat on 2 September, 2025

                                                                                                              NEUTRAL CITATION




                            R/SCR.A/1664/2018                                   ORDER DATED: 02/09/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/SPECIAL CRIMINAL APPLICATION (DOMESTIC VIOLANCE ) NO. 1664
                                                 of 2018

                       ==========================================================
                                                AMITBHAI ASHOKBHAI BAROT & ORS.
                                                             Versus
                                                    STATE OF GUJARAT & ANR.
                       ==========================================================
                       Appearance:
                       MR.MINHAJ M SHAIKH(6847) for the Applicant(s) No. 1,2,3,4
                       MR. RISHIN R PATEL(7222) for the Respondent(s) No. 2
                       MR SOHAM JOSHI, APP for the Respondent(s) No. 1
                       ==========================================================

                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                            Date : 02/09/2025

                                                             ORAL ORDER

1. The petitioners seek quashment of FIR being I-C.R.No.6 of 2018 registered with Mahila Police Station (West), District Ahmedabad and all consequential proceedings arising from said FIR. FIR is registered for the offence under sections 498(A), 323, 294(B), 114 of IPC and under section 3 and 7 of the Dowry Prohibition Act.

2. Learned advocate Mr.Rishin Patel for respondent no.2 and victim of alleged offence submits that parties have amicably resolved the dispute due to intervention of family and societal heads. It is further submitted that pursuant to which, petition was filed under section 13(B) of the Hindu Marriage Act before the learned Family Court, Vadodara for getting consensual divorce. It is further submitted that learned Family Court, Vadodara granted divorce recording that the parties have amicably settled their dispute. Learned advocate Mr.Patel places

NEUTRAL CITATION

R/SCR.A/1664/2018 ORDER DATED: 02/09/2025

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on record affidavit of respondent no.2 along with Annexure I containing judgment and order passed by learned Family Court, Vadodara in Family Suit No.660 of 2019. Both are taken on record.

3. I have heard learned advocate Mr.Shaikh for the petitioners and learned APP for respondent - State. It is submitted to pass necessary order in aforesaid circumstances.

4. It is admitted position that parties have settled their dispute, they have parted away from life and settled in their own life. Dispute which is raised by way of impugned FIR is part of previous life. The parties since decided and actuated to live separately by giving divorce to each other and buried all differences and disputes between them, continuance of FIR would be abuse of process of law.

5. In view of above, the petition is allowed. The impugned FIR being I-C.R.No.6 of 2018 registered with Mahila Police Station (West), District Ahmedabad and further proceedings arising thereof are hereby quashed and set aside qua the petitioners herein. Rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) SATISH