[Cites 13, Cited by 0]
Gujarat High Court
Rahul Dilip Takalkar vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/8691/2021 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 8691 of 2021
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RAHUL DILIP TAKALKAR & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR KAMLESH P VAIDANKAR(10135) for the Applicant(s) No. 1,2
NILU K VAIDANKAR(8382) for the Applicant(s) No. 1,2
NIMIT Y SHUKLA(8338) for the Respondent(s) No. 2
MR.RONAK RAWAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 23/04/2026
ORAL ORDER
1. The present application is filed for quashment of the FIR
being CR No.11196037200737 of 2020 registered at
Laxmipura Police Station, Vadodara City.
2. Learned advocate Mr.Vaidankar submits that during the
pendency of the proceedings the matter is settled
between the parties and the dispute is amicably
resolved. Learned advocate Mr.Nimit Shukla, appearing
for the complainant, in presence of the complainant, has
placed on record the affidavit of the complainant,
supporting the above aspect.
3. This Court has noted the presence of the complainant
and has referred the affidavit filed by the complainant
NEUTRAL CITATION
R/CR.MA/8691/2021 ORDER DATED: 23/04/2026
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which is reproduced hereinbelow:
"I, Gauri @ Chetali Rahul Dilip Takalkar, Female, Aged: 41 years,
Resident of: A-8, Arjundham Society, Nr. Samta Flat, Shubhampura,
District-Vadodara, do hereby solemnly affirm and state on oath as
under -
1. I state that I had lodged an FIR bearing I-C.R. No.
11196037200737 of 2020 dated 27.06.2020 with Lakshmipura Police
Station, Vadodara, for the offences punishable under Sections 199,
323, 406, 499, 504, 498A, 506(2) and 114 of the Indian Penal Code,
1860, as well as under Sections 3 and 7 of the Dowry Prohibition
Act, wherein the present Applicants have been arraigned as accused
persons.
2. 1 state that I am Respondent No. 2 the original first informant in
the present petition. I am well acquainted with the facts and
circumstances of the case and am competent to affirm this affidavit. I
further state that I have perused the memo of the petition and do not
dispute the facts stated therein. I say and submit that the disputes
and grievances between the parties have now been amicably resolved,
and I do not wish to prosecute the Applicants any further in respect
of the aforesaid FIR.
3. I state that there is no subsisting enmity between myself and the
present Applicants. The dispute has been settled amicably, and I do
not wish to proceed with the FIR lodged by me. I further state that
the said FIR was lodged under circumstances of fear, mental stress,
anger, and anxiety, and in haste, and therefore, I do not intend to
pursue the same any further.
4. I state that all disputes between the parties have now been settled.
Both parties have agreed to withdraw the cases filed against each
other, and some of such cases have already been withdrawn. In view
of the settlement, dispute or grievance survives between the parties,
NEUTRAL CITATION
R/CR.MA/8691/2021 ORDER DATED: 23/04/2026
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and therefore, I do not wish to continue with the present
proceedings.
5. In view of the facts and aforesaid circumstances, I state on oath,
out of my free will, volition, and without any coercion or undue
influence, that I do not wish to prosecute the against the criminal
proceedings Applicants. I respectfully pray that the FIR being I-C.R.
No. 11196037200737of 2020 dated 27.06.2020 registered with
Lakshmipura Police Station, Vadodara, for the offences punishable
under Sections 199, 323, 406, 499, 504, 498A, 506(2) and 114 of the
Indian Penal Code, 1860 and under Sections 3 and 7 of the Dowry
Prohibition Act, along with all consequential proceedings arising
therefrom, may kindly be quashed in the interest of justice.
Whatever stated hereinabove is true and correct to the best of my
knowledge, information and belief and I believe the same to be true
and correct"
4. Having heard the learned advocates appearing for the
respective parties, considering the facts and
circumstances arising out of the present application as
well as taking into consideration the decisions rendered
by the Apex Court 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
NEUTRAL CITATION
R/CR.MA/8691/2021 ORDER DATED: 23/04/2026
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in 2009 (1) GLH 190 and 'Narinder Singh & Ors. Vs.
State of Punjab & Anr.', reported in 2014 (2) Crime
67 (SC), it appears that further continuation of criminal
proceedings in relation to the impugned FIR against the
applicant would be unnecessary harassment to the
applicant. I have also considered the latest decision of
the Apex Court in the case of 'Parbatbhai Aahir @
Parbatbhai Bhimsinhbhai Karmur and others v.
State of Gujarat', Criminal Appeal No.1723 of 2017,
dated 4.10.2017 and the guidelines issued by the Apex
Court in the said decision, particularly Paragraph-15,
thereof. Considering the nature of disputes between the
parties which are all private in nature, I am of the
opinion that the matter requires consideration. It
appears that the trial would be futile and further
continuance of the proceedings pursuant to the
impugned FIR would amount to abuse of process of law
and hence, to secure the ends of justice, the impugned
FIR is required to be quashed and set aside in exercise
of powers conferred under Section 482 of the Code.
5. In view of the above, the impugned FIR being CR
No.11196037200737 of 2020 registered at Laxmipura
NEUTRAL CITATION
R/CR.MA/8691/2021 ORDER DATED: 23/04/2026
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Police Station, Vadodara City is quashed. Accordingly,
all the consequential proceedings are hereby quashed
and set aside.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
