[Cites 11, Cited by 0]
Gujarat High Court
Dipakbhai Govindbhai Parmar vs State Of Gujarat on 18 March, 2026
NEUTRAL CITATION
R/CR.MA/5249/2026 ORDER DATED: 18/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 5249 of 2026
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DIPAKBHAI GOVINDBHAI PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1
MR VISHVAJITSINH D CHAUHAN(10160) for the Applicant(s) No. 1
MR MANAN MAHETA, LD.ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 18/03/2026
ORAL ORDER
1. Learned advocate Mr.Mahesh Pujara submits that he
has instructions to appear on behalf of the respondent no.2
- complainant. He is permitted to file his appearance.
Registry shall accept his vakalatnama.
2. By way of preferring the present application under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, the applicant-accused seeks to invoke the inherent
powers of this Court, praying to quash and set-aside the
First Information Report being C.R.No.11191040220710 of
2022 registered with the Sardarnagar Police Station,
Ahmedabad city, for the offences punishable under Sections
498(A), 323, 294(b), 506(2), 114 of the Indian Penal Code
NEUTRAL CITATION
R/CR.MA/5249/2026 ORDER DATED: 18/03/2026
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and under Sections 3, 7 of the Dowry Prohibition Act and
under Section 135(1) of the Gujarat Police Act, as well as all
other consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant,
who is personally present before this Court, has produced
his identity proof as well as affidavit, which are ordered to
be taken on record. In the affidavit, the complainant has
categorically stated that with the intervention of the friends,
family members and community people, the dispute
between him and the applicant-accused has been amicably
resolved and there is no ill-will or any grievance amongst
them.
4. Considering the issue involved in the present
application as well as considering the fact that the dispute
has been amicably resolved between the parties, with the
consent of the learned advocates appearing for the
respective parties, the present application is taken up for
final disposal.
5. RULE returnable forthwith. Learned APP Mr.Manan
Maheta waives service of notice of rule for and on behalf of
the respondent no.1 - State and learned advocate
Mr.Mahesh Pujara waives service of notice of rule for and on
behalf of the respondent no.2 - complainant.
NEUTRAL CITATION
R/CR.MA/5249/2026 ORDER DATED: 18/03/2026
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6. Learned advocate for the applicant-accused has
submitted that since the dispute has been amicably
resolved between the parties, the application may be allowed
and the impugned FIR may be quashed and set-aside.
7. The complainant, who is personally present in the
Court, has categorically stated that he has no objection if
the application is allowed and the impugned FIR is quashed
and set-aside. Thus, it appears from the aforesaid that
sending the applicant-accused to face the trial would be
nothing but a futile exercise and would amount to abuse of
process of law.
8. The relevant paragraphs of the affidavit of the
complainant, read thus :
"I say and submit that I am the Ori. Complainant who
has filed the FIR registered as FIR No.
11191040220710 of 2022 before Sardar Nagar Police
station, Ahmedabad for the offence punishable under
section 498 (a), 323, 294 (b), 506 (2) and 114 of IPC
and Section 3 and 7 of the Dowry Prohibition Act and
section 135 (1) of Gujarat Police Act against the
present petitioner and other accused.
It is further submitted after registration of the above
referred complaint at present both the sides have sit
together and with the help of relatives and
community people dispute is amicably resolved
between us and it is further submitted that we have
NEUTRAL CITATION
R/CR.MA/5249/2026 ORDER DATED: 18/03/2026
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decided to separate from each other and also filed
divorce suit before the concerned court and I have
received Rs. 7,50,000/- out of final amount of
alimony that is 12,50,000/- and for remaining
amount it is decided between us that it will be paid to
me before disposal of the suit of divorce and the other
proceedings pending between the parties is decided
to be withdrawn and now there is no ill will or
grievance exists amongst us.
I say and submit that in view of this amicably
settlement if Hon'ble Court please to quash the
proceedings against present petitioner I have no
objection. I am filing this affidavit on my free will and
wish without there being any undue threats or
pressure."
9. 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, Narinder Singh & Ors. Vs.
State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC)
and State of Haryana Vs. Bhajanlal reported in AIR 1992
SC 604, it appears that continuing further with the criminal
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R/CR.MA/5249/2026 ORDER DATED: 18/03/2026
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proceedings in relation to the impugned FIR against the
applicant-accused would be an unnecessary harassment to
the applicant-accused. It further appears that the trial
would be a futile exercise and further continuing with the
proceedings pursuant to the impugned FIR would amount
to abuse of process of law. Hence, to secure the ends of
justice, the impugned FIR and 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,
10. In the result, the application is allowed. The
proceedings of the First Information Report being
C.R.No.11191040220710 of 2022 registered with the
Sardarnagar Police Station, Ahmedabad city, for the
offences punishable under Sections 498(A), 323, 294(b),
506(2), 114 of the Indian Penal Code and under Sections 3,
7 of the Dowry Prohibition Act and under Section 135(1) of
the Gujarat Police Act, as well as all other consequential
proceedings arising pursuant thereto, are hereby ordered to
be quashed and set-aside qua the present applicant only.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DIPTI PATEL
