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Gujarat High Court
Dineshbhai Kohyabhai Dodiyar vs State Of Gujarat on 21 May, 2026
NEUTRAL CITATION
R/CR.MA/11894/2026 ORDER DATED: 21/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
11894 of 2026
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DINESHBHAI KOHYABHAI DODIYAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR A A ZABUAWALA(6823) for the Applicant(s) No. 1
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 21/05/2026
ORAL ORDER
1. Learned advocate Mr. A. N. Pathan appears and 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 filing this application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant
accused has prayed to quash and set aside the FIR being
C.R.No.11188009210696 of 2021 registered with Modasa Town
Police Station, Arvalli, for the offences punishable under
Sections 376, 363, 366 and 506(2) of the Indian Penal Code as
well as the proceedings of the Sessions Case No.39 of 2022,
pending before the Addl. District and Sessions Judge, Arvalli so
also all other consequential proceedings arising pursuant
thereto qua the applicant herein.
NEUTRAL CITATION
R/CR.MA/11894/2026 ORDER DATED: 21/05/2026
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3. Today, when the matter is called out, the complainant is
present before this Court and has produced her identity proof
which is ordered to be taken on record. The affidavit filed by the
complainant is annexed at Annexure - 'C' to the application. In
the affidavit, the complainant has categorically stated that the
dispute with the applicant has been 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 between the
parties has been amicably resolved, with the consent of learned
advocates 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. Learned advocate Mr. A. N. Pathan
waives service of notice of rule for and on behalf of the
respondent No.2- complainant.
6. The complainant, who is personally present in the Court,
has categorically stated that the dispute has been amicably
resolved with the applicant and she has no objection, if the FIR
as well as the proceedings of the Sessions Case are quashed.
Thus, sending the applicant-accused to face the trial would be a
futile exercise.
7. The relevant paragraphs of the affidavit filed by the
NEUTRAL CITATION
R/CR.MA/11894/2026 ORDER DATED: 21/05/2026
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complainant read thus:
"I, the undersigned, I, HIRALBEN HEMANTBHAI
JUMABHAI KHANT Age: 20 Years (Male), Occupation:-
House Hold Work, R/O: Khalikpur, Taluka: Modasa,
District : Arvalli.do hereby solemnly affirm and state on
oath as under:-
1. I respectfully submit that, I am victim girl as well as
complainant in the FIR being I Crime Register No.
11188009210696 of 2021 registered at Modasa
town Police Station District Arvalli, for the offence
punishable under section 376, 363, 506(2) of the
Indian Penal Code 1860.
2. It is the case of the complainant; 15.11.2021 that,
complainant completion of the routine work of the
day; it is alleged that, the when the complainant
return from flour factory at that time accused meet
with the complainant and abducted the
complainant; It is alleged that, the complainant and
accused person went to the madhapar and residing
at the house and make physical relation with
complainant: it is further alleged that, the Family
member of the complainant came at the Madhapar;
therefore the accused person run way from the
place; therefore; the complainant register against
the present applicant at Arvalli Police station.
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R/CR.MA/11894/2026 ORDER DATED: 21/05/2026
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3. That, I have informed my family about love relation
with the present applicant and It is submitted that.
the complainant / father not ready to accepted the
relation of the present applicant for difference of the
ritual custom and social states and my relationship
therefore the I lodge the FIR against the present
applicant; it is further submitted that, revel the fact
of the case me and present applicant got marriage
on 13.08.2025 and now settlement was carried out
between the party by the elder of the village but my
family not ready to accept the relationship; it is very
clear that, nothing was happened with the me
therefore the as I don't further proceed with FIR; in
this aspect and impugned FIR is required to be
quashed and set aside in the interest of justice.
4. It is submitted that, I left home willingly and went
with the petitioner for the purpose of the marriage
we loved each other and deep love between as and
enjoy marriage life with present applicant; we are
living together very happily and enjoying the
marriage life as husband and wife; therefore the as
victim girl I don't want to continue with the criminal
complaint; hence there is no dispute and no
grievance is left now therefore; impinged FIR and
require to be quash and set site Quash in interest of
justice.
5. It is submitted that, the FIR which was register by
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me under influence of the family is suppressing the
martial fact; I voluntaries left the house; therefore,
the contention of the FIR is not true, I further say
and submits that, present applicant was not
abducted / kidnapped by anyone. But factually I
left home willingly and I married with petitioner;
under such circumstance of the case the impugned
FIR and pending case is required to be quash and
set aside in interest of Justice.
6. I respectfully say and submit that I am
withdrawing all allegations alleged by me with
respect to this offence and giving my free consent
for quashing and setting aside the FIR being I Crime
Register No. 11188009210696 of 2021 for the
offences punishable under section 376, 363, 506(2)
of the Indian Penal Code 1860 on 25.12.2025 at
Modasa town Police Station, District Arvalli and
also urged to this Hon'ble Court to quash.
7. I hereby give my no objections to this petition and
say that this petition may kindly be allowed on the
ground of settlement.
8. It is respectfully submitted that, I would not
desirous to continues with the further proceeding in
connection with the FIR being I Crime Register No.
11188009210696 OF 2021 for the offences
punishable under section 376, 363, 506(2) of the
NEUTRAL CITATION
R/CR.MA/11894/2026 ORDER DATED: 21/05/2026
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Indian Penal Code 1860 at Modasa town Police
Station, District Arvalli, and Session Case No 39 Of
The 2022 Which Was Pending Before The Addl
District And Session Judge At Arvalli in interest of
Justice."
8. 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 sessions case 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 and Sessions 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 Sessions Case all
other consequential proceedings arising pursuant thereto are
required to be quashed and set aside in exercise of the powers
conferred under Section 528 of the Bharatiya Nagarik Suraksha
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Sanhita, 2023.
9. In the result, the application is allowed. The proceedings of
the FIR being C.R.No.11188009210696 of 2021 registered
with Modasa Town Police Station, Arvalli, for the offences
punishable under Sections 376, 363, 366 and 506(2) of the
Indian Penal Code as well as the proceedings of the Sessions
Case No.39 of 2022, pending before the Addl. District and
Sessions Judge, Arvalli so also all other consequential
proceedings arising out of the aforesaid FIR qua the applicant
are hereby quashed and set aside.
10. Rule is made absolute to the aforesaid extent. Direct
service is permitted.
(VIMAL K. VYAS, J)
NABILA
