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Gujarat High Court
Dipaliben Vishnubhai Thakor vs State Of Gujarat on 23 April, 2026
NEUTRAL CITATION
R/CR.MA/9525/2026 ORDER DATED: 23/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 9525
of 2026
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DIPALIBEN VISHNUBHAI THAKOR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
URVESH M PRAJAPATI(8878) for the Applicant(s) No. 1
MR.RONAK RAWAL, APP for the Respondent(s) No. 1
MR.S.G.JAISWAL for Respondent no.2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 23/04/2026
ORAL ORDER
1. Learned advocate Mr.S.G.Jaiswal, appearing for the
complainant, is permitted to file his vakalatnama.
Registry is directed to accept the same.
2. The present application is filed for quashment of the FIR
being CR No.11191003211891 of 2021 registered at
Khokhra Police Station, Ahmedabad City.
3. Learned advocate Mr.Urvesh Prajapati submits that the
present applicant is real sister of the complainant and
the dispute qua present applicant and complainant is
amicably settled. It is submitted by learned advocate
Mr.Prajapati that another accused namely Amitbhai is
the husband if the present applicant and at present the
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R/CR.MA/9525/2026 ORDER DATED: 23/04/2026
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applicant is separated from the accused no.1. It is
submitted that even otherwise on referring the
allegation the present applicant is attributed the role
with regard to giving kicks and fist blows. It is submitted
by learned advocate Mr.Prajapati that the dispute is
resolved between the parties therefore, continuation of
proceedings would be abuse of process of law.
4. Learned advocate Mr.S.G.Jaiswal appearing for the
complainant has supported the contention of the learned
advocate Mr.Prajapati, for the applicant and submitted
that the complainant has also filed an affidavit
confirming the above aspect.
5. This Court has noted the presence of the complainant
and has referred the affidavit filed by the complainant
which is reproduced hereinbelow:
"I, Dayaben Ajmalji Chauhan, Gender: Female, Aged about 41 Years,
Occupation: Driving, Residing at: 59, Balkrishna Society, Laxminarayan
Cross Roads, Maninagar East, Ahmedabad., do hereby solemnly affirm
and state on oath as under: -
1. I am the respondent no.2-orig. complainant in the memo of petition
and I am fully conversant with the facts and circumstances of the case
and I am duly competent to file this affidavit.
2. I say that I have gone through the memo of petition and the facts
stated in the memo of petition are not disputed by me. At the outset I
say and submit that the disputes and grievances of both the sides have
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R/CR.MA/9525/2026 ORDER DATED: 23/04/2026
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been amicably settled and I do not wish to prosecute the petitioner any
further with respect to the F.I.R. filed by me and registered as C. R.
NO. 11191003211891 of 2021, Registered with Khokhra Police Station,
Ahmedabad City, dated: 02.12.2021, for the offences punishable under
sections 326, 324, 323, 294(B), 506(2) and 114 of the Indian Penal Code,
1860 as well as U/s. 135(1) of the Gujarat Police Act.
3. I say that I have settled the dispute with the Petitioner as we are
happens to be real sisters and due to intervention of our common
relatives and elders, the matter is settled between us and therefore I do
not wish to go on with the FIR filed by me against him. I say and
submit that FIR in question was lodged by me out of desperation, anger
and anxiety and therefore I do not want to prosecute the petitioner any
further for the FIR impugned in the present petition.
4. I say that I had not sustained any major or grievous had injury at the
instance of the petitioner and my younger sister namely Geetaben-Injured
person who sustained some minor injuries at the instance of the accused
no.1-Amit Makwana has been passed away naturally on 02.09.2025 and I
have settled the dispute with the Petitioner as we are happens to be real
sisters and as I am not having any grievance against the petitioner and
therefore I do not wish to go on with the FIR filed by me against her. I
say and submit that FIR in question was lodged by me out of
desperation, anger and anxiety and therefore I do not want to prosecute
the Petitioner any further for the FIR impugned in the present petition.
5. I further say and submit that after lodging the impugned FIR, I
realized that a minor dispute has taken a massive shape. After filing the
impugned FIR, I realized the nature of hardships and inconvenience,
socially and mentally, it will cause to both the sides, if the criminal
proceedings continue and both the sides are subjected to rigors of
criminal trial, it will immensely affect our future prospects of better life.
6.In the facts and circumstances as narrated above, I at my free will,
wish and desire am stating on oath that I do not wish to prosecute the
criminal proceedings against the petitioner as the dispute between us has
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been amicably settled. I state that the F.I.R. filed by me and registered
as C. R. NO. 11191003211891 of 2021, Registered with Khokhra Police
Station, Ahmedabad City, dated: 02.12.2021, for the offences punishable
under sections 326, 324, 323, 294(B), 506(2) and 114 of the Indian Penal
Code, 1860 as well as U/s. 135(1) of the Gujarat Police Act and all
proceedings arising there from being Criminal Case No. 166 of 2022
pending before Ld. 10th Additional Chief Judicial Magistrate, Ahmedabad
City, may be quashed in the interest of justice."
6. Having heard learned counsel appearing for the
respective parties, as well as considering the facts and
circumstances arising out of the present application and
also taking into consideration the decisions 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) as
well as State of Haryana Vs. Bhajanlal reported in
AIR 1992 SC 604, it appears that continuing further
with the criminal proceedings in relation to the
impugned FIR and the Criminal Case against the
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applicants-accused would be an unnecessary harassment
to the applicants-accused. It further appears that the
trial would be a futile exercise and further continuing
with the criminal proceedings pursuant to the impugned
FIR and the Criminal Case would amount to abuse of
process of law. Hence, to secure the ends of justice, the
impugned FIR as well as the proceedings of the Criminal
Case, so also all other consequential proceedings are
required to be quashed and set aside in exercise of the
powers conferred under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
7. In view of the above, the impugned FIR being CR
No.11191003211891 of 2021 registered at Khokhra
Police Station, Ahmedabad City is quashed. Accordingly,
all the consequential proceedings are hereby quashed
and set aside.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
