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2026 DIGILAW 139 (GUJ)

Ashishbhai Sureshbhai Patel v. State Of Gujarat

2026-03-02

VIMAL K.VYAS

body2026
ORDER : VIMAL K. VYAS, J. 1. Learned advocate Mr.S.A.Kadri appears and submits that he has instructions to appear on behalf of the respondent no.2 – original 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- original accused seeks to invoke the inherent powers of this Court, praying to quash and set- aside the First Information Report being C.R.No.11215014250383 of 2025 registered with the Khambholaj Police Station, Anand, for the offence punishable under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023 and under Section 135 of the Gujarat Police Act; the charge sheet as well as the proceedings of the Sessions Case No.110 of 2025 pending before the learned 6 th Additional Sessions Judge, Anand, so also all other consequential proceedings arising pursuant thereto. 3. Today, when the matter is called out, the original complainant, who is personally present before this Court, has produced her identity proof as well as the 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 her and the applicant- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, she does not want to proceed further with the criminal proceedings pursuant to the impugned FIR, the charge-sheet and the Sessions Case against the present applicant. 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 Ms.Krina Calla waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr.S.A.Kadri waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 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, the charge-sheet as well as the proceedings of the Sessions Case may be quashed and set- aside. 7. 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, the charge-sheet as well as the proceedings of the Sessions Case may be quashed and set- aside. 7. The original complainant, who is present in the Court, has categorically stated before this Court that she has no objection if the application is allowed and the impugned FIR; the charge-sheet as well as the proceedings of the Sessions Case are 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 original complainant, read thus : “1. I state and submit that, I have filed a complaint/FIR on hand being I-C.R. No. 11215014250383 of 2023 on dated 23.04.2023 registered with Khmbholaj Police Station for the alleged commission of offences punishable U/s 109(1) of BNS-2023 & 135 of Gujarat Police Act. 2. I state and submit that; The aforesaid FIR came to be lodged by me at the relevant point of time due to matrimonial disputes and misunderstandings between myself and my husband; the dispute being purely personal and domestic in nature, arising out of emotional differences and marital discord, without any intention to pursue criminal proceedings permanently. 3. I state and submit that, I further say and submit that, the dispute between us occurred on account of misunderstanding and misconception and the same is shorted out under this set of circumstances, and I earnestly urge this Honorable court to quash and set aside the FIR being I-C.R. No. 11215014250383 of 2025 on dated 13.08.2025 registered with Khambholaj police Station for the alleged commission of offences punishable U/s 109(1) of BNS-2023 & 135 of Gujarat Police Act, on the ground of consent then I HAVE NO OBJECTION. 4. I further state that the injuries sustained by me in the said incident were simple in nature, I have fully recovered therefrom, and the same have not caused any permanent disability or impediment in my routine day-to-day activities or work.” 9. The relevant paragraphs of the additional affidavit of the original complainant, read thus : “1. 4. I further state that the injuries sustained by me in the said incident were simple in nature, I have fully recovered therefrom, and the same have not caused any permanent disability or impediment in my routine day-to-day activities or work.” 9. The relevant paragraphs of the additional affidavit of the original complainant, read thus : “1. I say and submit that I am the legally wedded wife of the petitioner- Ashishbhai Sureshbhai Patel, and I am fully conversant with the facts of the present case and competent to swear this affidavit. 2. I say and submit that after the unfortunate incident dated 13.08.2025, I was immediately provided medical treatment and proper care. I further state that all necessary medical treatment, hospitalisation, medicines and follow-up care were arranged by my husband and his family members. 3. I state that during my hospitalization, the petitioners family members remained present and ensured that I received proper medical attention. All hospital expenses, medical bills and related charges were borne and paid by the petitioners family members without any hesitation. 4. I further state that after I was discharged from the hospital, I directly returned to my matrimonial home at Badapura, Taluka Umreth, District Anand, where I have been residing continuously with my husband and his family members. 5. I say and submit that since the date of discharge till today, my husband- the petitioner herein has taken proper care of me and our two minor children. He has been maintaining the family responsibly and ensuring our well-being. 6. I further state that we are residing together peacefully under one roof along with family members, and all previous misunderstandings and matrimonial disputes have been amicably resolved with the intervention of elders and well-wishers. 7. I say that we have two minor children, and considering their future, education, emotional well- being and family stability, we have mutually decided to continue our marital life peacefully and harmoniously. 8.1 state that the incident occurred due to temporary misunderstanding and emotional disturbance arising out of matrimonial differences, and the matter was exaggerated due to anger and stress at that point of time. 9. I categorically state that at present there is complete harmony between us, and I have no grievance whatsoever against the petitioner. I do not wish to pursue the criminal proceedings any further. 10. 9. I categorically state that at present there is complete harmony between us, and I have no grievance whatsoever against the petitioner. I do not wish to pursue the criminal proceedings any further. 10. I state that continuation of the proceedings arising out of I-C.R. No.11215014250383 of 2025 and Session Case No.110 of 2025 would adversely affect our matrimonial life and the future of our minor children. 11. I therefore respectfully state that I have no objection if this Hon'ble Court is pleased to quash and set aside the FIR as well as all consequential proceedings in the interest of justice. 12. I state that this affidavit is made voluntarily, out of my free will, without any force, coercion or undue influence from anyone.” 10. 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) and 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, the charge-sheet as well as the 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, the charge- sheet as well as the Sessions Case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR, the charge-sheet as well as the proceedings of the Sessions Case, so also 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 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 11. In the result, the application is allowed. 11. In the result, the application is allowed. The First Information Report being C.R.No.11215014250383 of 2025 registered with the Khambholaj Police Station, Anand, for the offence punishable under Section 109(1) of the Bharatiya Nyaya Sanhita, 2023 and under Section 135 of the Gujarat Police Act; the charge sheet as well as the proceedings of the Sessions Case No.110 of 2025 pending before the learned 6 th Additional Sessions Judge, Anand, so also all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside qua the present applicant only. Rule made absolute. Direct service is permitted.