Surendrasinh Vijendrasinh Raol vs State Of Gujarat on 8 May, 2026

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                             R/CR.MA/8409/2018                                       ORDER DATED: 08/05/2026

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
                                           FIR/ORDER) NO. 8409 of 2018

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                                          SURENDRASINH VIJENDRASINH RAOL & ORS.
                                                          Versus
                                                STATE OF GUJARAT & ANR.
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                        Appearance:
                        MR ANKIT B PANDYA(5906) for the Applicant(s) No. 2
                        MR KRISHNARAJSINH D CHAUHAN(10648) for the Applicant(s) No. 1,3,4,5
                        MR SURAJ B MATIEDA(10499) for the Applicant(s) No. 1,3,4,5
                        MR YV BRAHMBHATT(206) 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 : 08/05/2026

                                                                 ORAL ORDER

1. RULE returnable forthwith. Learned APP Mr. Ronak Raval waives service of notice of rule for and on behalf of the respondent no. 1 - State and learned advocate Mr. Brahmbhatt waives service of notice of rule for and on behalf of the respondent no.2 - original complainant.

2. By way of preferring the present application under Section 482 of the Code of Criminal Procedure, 1973 the applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the FIR being I- CR. No. 11 of 2018 registered with the Mahila Police Station, District- Gandhinagar, for the offences punishable under Sections 498-A, 323, 376, 504, 506(2)

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and 114 of the Indian Penal Code, and under Sections 3 and 4 of the Dowry Prohibition Act so also all other consequential proceedings arising pursuant thereto qua the present applicants.

3. 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.

4. Today, when the matter is called out, the complainant, who is present before this Court.

5. At the outset, is is submitted that the complainant has settled the dispute with the applicant and she give no objection if the FIR is quashed.

6. Learned advocate Mr. Y.V.Brahmbhatt appearing for the respondent No.2 has placed on record the affidavit and additional affidavit filed by the petitioner, which are reproduced herein below:

Affidavit "I, XXX XXX XXX, the opponent no.2 herein original complainant herein do hereby solemnly affirm and state on oath that:

1.1 am wife of the applicant no.1 Surendrasinh Vijendrasinh Raol, we got married on 19.2.2006. As there is difference of opinion and some problem with applicant and I was driven out by my husband I was living with my parents. My parents are died. We have a matrimonial disputes.

2.1 filed complaint before Mahila Police Station,

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Gandhinagar being 1. Crime Register No. 11 of 2018, the said complaint is investigated by the police and charge sheet is also filed. There were other proceedings between us. My father and uncle are expired and all the disputes are settled between us. Now no disputes remains between us and we have settled our all disputes.

3. The applicants have filed an application before this Honourable Court for quashing and setting aisde Criminal complaint before this Honoruable Court being Criminal Misc. Application No.8409 of 2018, the same is pending for hearing.

4.I have no objection, if the Honourable Court may quash and set aside the said complaint being registered as I. Crime Register NO. 11 of 2018 with Mahila Police Station, Gandhinagar in the said Criminal Misc.

Application No.8409 of 2018 as the disputes are settled and compromise took place between us. What is stated hereinabove is true to my knowledge and belief and I believe the same to be true nothing is false."

Additional Affidavit of the petitioner:

"I, XXX XXX XXX, do hereby solemnly affirm and state on oath that;

1. I state that I had filed divorce under section 13 (1) (i-a) and (i-b) of the Hindu Marriage Act, 1955, being Family Suit No. 2123 of 2014, which came to be allowed vide order and judgement dated 30.10.2021 passed by Learned Judge. Family Court No. 5, Ahmedabad.

2. I state that being aggrieved by the aforesaid judgement the respondent no.2 wife had preferred First

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Appeal No. 668 of 2022 before this Hon'ble Court, which has been withdrawn by the wife vide order dated 21.08.2025 passed by this Hon'ble Court, copy whereof is annexed hereto and marked as ANNEXURE-I.

3. I state that I and respondent no.2 had entered into settlement deed and as per the deed Rs. 20,00,000/- is to be paid as permanent alimony to respondent no.2 wife. I state that Rs. 15,00,000/- is paid to wife and for remaining Rs. 5,00,000/-Cheque being no. 671395 dated 10.05.2026 of Rs. 5,00,000/- is given to respondent no.2 wife, copy of cheque is annexed hereto and marked as ANNEXURE-II. I further state that out of the wedlock there is one child Saumyaraj aged about 18 years whose custody is with me.

AFFIDAVIT

I, XXX XXX XXX, do hereby state on solemn affirmation and state that what has been stated hereinabove from Paragraph Nos. 1 to 3 is understood by me and the same is true and correct to the best of my knowledge and belief and I believe the same to be true and correct.

The annexure/s annexed to the present reply, if any, is/are true copy/ies of its/their respective original document/s or xerox copy/ies.

What is stated hereinabove is true and correct to the best of my knowledge and belief."

7. In the said affidavit, the complainant has categorically stated that they have mutually decided to live separately pursuant to the divorce. Therefore, she has submitted that, since the dispute has been amicably resolved with the applicants and there is no ill-will or grievance

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amongst them, the application may be allowed and the impugned FIR, as well as all consequential proceedings arising pursuant thereto qua the present applicants, may be quashed and set aside. The complainant has stated that the dispute has been amicably resolved between the parties and that she has no objection if the application is allowed and the impugned FIR, as well as the proceedings of the Criminal Case, are quashed and set aside.

8. 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 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,

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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.

9. In the result, the application is allowed. The the FIR being I-CR. No. 11 of 2018 registered with the Mahila Police Station, District-Gandhinagar, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside qua the present applicants.

10. Rule is made absolute accordingly.

(M. K. THAKKER,J) M.M.MIRZA