[Cites 3, Cited by 0]
Gujarat High Court
Mahendra Ishwar Dalwadi vs State Of Gujarat on 22 April, 2026
NEUTRAL CITATION
R/CR.MA/9673/2025 ORDER DATED: 22/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 9673 of 2025
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MAHENDRA ISHWAR DALWADI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MS KRUTI SHAH FOR MR JAY N SHAH(10668) for the Applicant(s) No. 1
MR BHUSHAN B OZA(1072) for the Respondent(s) No. 2
MR RONAK RAVAL, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 22/04/2026
ORAL ORDER
1. By way of filing the present application under Section 528
of the Bharatiya Nagrik Surakasha Snhita, 2023, the applicants-
accused have prayed to quash and set aside the FIR being I-CR.
No.Part-A 11210066240712 of 2024 of 2017 registered with the
Pal Police Station, District - Surat, for the offences punishable
under Section 69 of the Bharatiya Nyay Sanhita, 2023, and all
other consequential proceedings arising pursuant thereto.
2. At the outset, it is submitted by the learned advocates for
the respective parties that during the pendency of the
application, the settlement has arrived between the parties and
the complainant has filed the affidavit in support of the
contention of the settlement. The said affidavit is ordered to be
taken on record.
3. Learned APP Mr. Raval appearing for the respondent - State
NEUTRAL CITATION
R/CR.MA/9673/2025 ORDER DATED: 22/04/2026
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has vehemently opposed the present application and has
submitted that considering the seriousness and gravamen of the
offence, the complaint in question may not be quashed, and the
present application may be rejected.
4. The respondent no.2 - original complainant who is
personally present before this Court. She has submitted that the
matter has been amicably resolved with the applicant-accused
and she does not want to proceed further with the matter as she
has no grievance against the present applicant-accused. She has
also filed an affidavit dated 22.04.2026 in this regard, which is
ordered to be taken on record. The relevant paragraph of the
affidavit filed by the complainant reads as under:-
"I xxx xxx xxx, the respondent No.2-original
complainant herein, do hereby state on solemn
affirmation on oath as under:-
1. I say that I have lodged the First Information Report
with Pal Police Station for the offences punishable
under Sections 69 of the Bhartiya Nagarik Suraksha
Sanhita, 2023, which is recorded as C.R.No. Part A,
11210066240712 of 2024.
2. I say that the dispute between the petitioner and
the respondent no.2 is amicably settled and
accordingly in view of the said settlement, there is no
grudge or grievance between the petitioner and the
respondent no.2. The respondent no.2 has sworn an
affidavit. The respondent no.2 has stated in this
affidavit that, the FIR was filed because of
misunderstanding between the parties and the
dispute has now amicably settled with the petitioner
and there are no further disputes remaining and she
has no grudge or grievance against the present
NEUTRAL CITATION
R/CR.MA/9673/2025 ORDER DATED: 22/04/2026
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petitioner. In fact, further prosecution against the
present petitioner would be nothing but futile
exercise. Therefore, the respondent no.2 has no
objection if the FIR being C.R.No. Part - A,
11210066240712 of 2024 lodged with Pal Police
Station against the present petitioner, is quashed.
3. This affidavit is filed without any force, coercion or
pressure."
5. Having heard learned advocate for the applicant-accused as
well as the victim and the complainant, so also taking into
consideration the affidavits filed by the victim and the
complainant along with the decisions of the Supreme Court
rendered in the cases of Gian Singh vs. State of Punjab &
Anr., 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 & Anr.,
reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Ors.,
reported in (2009) 1 GLH 190 and Narinder Singh & Ors. vs.
State of Punjab & Anr., reported in (2014) 2 Crime 67 (SC), it
appears that continuing further with the criminal proceedings in
relation to the impugned FIR against the applicant-accused would
be nothing but unnecessary harassment to the applicant-
accused, and it would be a futile exercise.
6. Considering the nature of the dispute between the parties
as well as considering the peculiar aspect, this Court is of the
considered opinion that the matter requires consideration. The
continuation of the trial would be a futile exercise since the star
witness, who herself is the victim, does not want to continue
further with the proceedings pursuant to the impugned FIR. It,
NEUTRAL CITATION
R/CR.MA/9673/2025 ORDER DATED: 22/04/2026
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therefore, appears that the same would amount to abuse of
process of law. Therefore, to secure the ends of justice, the
impugned FIR is required to be quashed and set aside in exercise
of the inherent powers conferred under Section 528 of the
Bharatiya Nagrik Surakasha Snhita, 2023,.
7. Resultantly, the application is allowed. The FIR being I-CR.
No.Part-A 11210066240712 of 2024 of 2017 registered with the
Pal Police Station, District - Surat, for the offences, is hereby
ordered to be quashed and set-aside. All other consequential
proceedings arising pursuant thereto are also quashed and set-
aside.
(M. K. THAKKER,J)
M.M.MIRZA
