Citation : 2026 Latest Caselaw 318 Guj
Judgement Date : 2 February, 2026
NEUTRAL CITATION
R/SCR.A/11801/2025 ORDER DATED: 02/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11801 of 2025
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PRIYANK JITENDRABHAI RAJDEV & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PS CHAMPANERI(214) for the Applicant(s) No. 1,2,3,4,5
MR H K PATEL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 02/02/2026
ORAL ORDER
Draft amendment granted. Amendment to be carried out forthwith.
1. Present application is preferred by the Petitioner under Section 482 of the Code of Criminal Procedure, seeking quashing of FIR No. 11211015250553 of 2025 registered with Dhrangadhra City Police Station, Surendranagar for the offences punishable under Sections 85, 115(2), 352, 351(2), 351(3) and 54 of BNS and Section 4 of Dowry Prohibition Act, 1961.
2. Heard learned Advocate for the Applicant and learned APP for the Respondent - State.
3. Rule. Learned APP waives service of notice for and on behalf of the respondent - State.
4. Learned Advocate for the Petitioner has submitted that the matter has been amicably settled between the parties and they are now not willing to proceed with the complaint any further.
NEUTRAL CITATION
R/SCR.A/11801/2025 ORDER DATED: 02/02/2026
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5. Learned Advocate Mr. Y. J. Patel appearing for original complainant shall file his appearance before the Registry.
6. Learned Advocate Mr. Y. J. Patel appearing on behalf of Respondent No. 2 (Original Complainant), who is present before this Court, has placed on record duly sworn in Affidavit dated 02.02.2026. The same is ordered to be taken on record. Learned Advocate has submitted that matter has been amicably settled between the parties and there is no objection if present application is allowed. The affidavit reads thus:
" (1) I state that I am the original complainant and present criminal complaint being first information report number 11211015250553 of 2025 registered at Dhrangadhra City Police station District; Surendranagar for the offences u/s- 85, 115 (2), 352, 351 (2), 351 (3), 54 of Bharatiya Nyay Shanhita, 2023 as well as section 4 of the Dowry Prohibition act filed against the present petitioners after registered the complaint charge-sheet came to be filed being charge-sheet no. 657/2025 and criminal case number 1861 of 2025 is allotted and same is pending before the Learned Additional Chief Judicial Magistrate, Dhrangadhra against the petitioners (original accused persons). I state that me and my husband both have filed consent divorce petition being old family suit no.166 of 2022 filed before the learned Family Court, Jamnagar and consent divorce decree passed by the learned Family Court, Jamnagar. I further stated that I have received Rs.2,00,000/- by way of account pay cheque no.000007 dated;
17.10.2025 in my name as well as also received Demand Draft no.225740 amount of Rs. 11,00,000/- from the bank of State Bank of India, Dated 31.01.2026 as full and final alimony. I further stated that I have also filed and, therefore, I have no objection if the aforesaid criminal complaint being first information report number 11211015250553 of 2025 registered at Dhrangadhra City Police station District; Surendranagar pursuant to that complaint, charge-sheet came to be filed being charge-sheet no. 657/2025 and
NEUTRAL CITATION
R/SCR.A/11801/2025 ORDER DATED: 02/02/2026
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criminal case number 1861 of 2025. I state that dispute have been settle against the petitioners and I state that the settlement is arrived in the best interest of our future and I further say that settlement arrived because certain elderly persons of our community intervened, an amicable settle the dispute I and present petitioners are developed our good relationship.
7. Considering averments made in the Affidavit as also the submissions made by the learned Advocates for the respective parties, the present Application deserves to be allowed and is hereby allowed. The FIR being CR No. 11211015250553 of 2025 registered with Dhrangadhra City Police Station, Surendranagar is hereby quashed and set aside.
Rule is made absolute.
(M. R. MENGDEY,J) SAKSHI MAURYA
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