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2026 DIGILAW 154 (GUJ)

Vinodbhai Ganeshbhai Baxi v. State Of Gujarat

2026-03-05

VIMAL K.VYAS

body2026
ORDER : VIMAL K. VYAS, J. 1. Learned advocate Ms. Rutvi M. Modi appears and submits that she has instructions to appear on behalf of the respondent no.2 – complainant. She is permitted to file her appearance. Registry shall accept her vakalatnama. 2. By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused have prayed to quash and set-aside the First Information Report No.11216002240014 of 2024 registered with the Mahila Police Station, District - Gandhinagar, for the offences punishable under Sections 498A, 354A, 504 and 114 of the Indian Penal Code, 1860, and under Section 4 of the Dowry Prohibition Act, 1961, as well as the proceedings of the Criminal Case No.4406 of 2024 pending before the learned 6 th Additional Civil Judge and Judicial Magistrate, First Class, Gandhinagar, so also 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 her identity proof as well as the affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that the dispute between her and the applicants-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 Ms. Asmita Patel waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Ms. Rutvi M. Modi waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 6. The complainant, who is personally present before this Court, has categorically stated that the dispute has been amicably resolved between the parties and 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. 7. The relevant paragraphs of the affidavit filed by the complainant – Himani d/o Nileshbhai Kapadia w/o Pratik Baxi, read thus: “2. 7. The relevant paragraphs of the affidavit filed by the complainant – Himani d/o Nileshbhai Kapadia w/o Pratik Baxi, read thus: “2. That, thereafter with intervention of the well- wishers and trusted persons of the society which took place in the Month of January-2026, the original accused no. 1 who is husband and present Respondent No. 2 have reached to an amicable settlement and the same is reduced into a deponent/complainant after passing of consent divorce decree and further that the amount shall be transferred in the name of daughter Ziva once she attains age of majority. Further, it was agreed by the present deponent i.e. Orig. Complainant that, the present deponent will not claim any amount towards maintenance and also she will not file any proceeding in court claiming any amount towards maintenance or claiming any other right of whatsoever nature. Further with respect to custody of child, it is agreed between the parties that the custody of daughter Ziva will remain with present deponent i.e. Orig. Complainant and also the decision with regard to future of daughter Ziva will be taken by present deponent only and that the Applicant No. 1 i.e. Husband or family members of husband will not interfere in any decision taken by present deponent for the wellbeing of daughter Ziva. Further, the present deponent will have all right to settle with minor daughter Ziva outside India and the applicants will not interfere in any manner. Further, the Applicant No. 1 has waived his right of visitation or any other right arising in the capacity of father towards his daughter namely Ziva. It is further decided that, both the parties will withdraw all the cases pending against each other and that wherever required, consent for the same will be provided more particularly consent to be given before this Hon'ble Court by way of consent Affidavit for quashing and setting aside F.I.R. registered against present applicants. It is also agreed that, Memorandum of Understanding (M.O.U) dated which is duly executed by the petitioner and present Respondent No. 2 before the Notary Public. Copy of the Memorandum of Understanding (M.O.U) dated executed between Applicants and Respondent No. 2 is annexed hereto and marked as Annexure "A". It is also agreed that, Memorandum of Understanding (M.O.U) dated which is duly executed by the petitioner and present Respondent No. 2 before the Notary Public. Copy of the Memorandum of Understanding (M.O.U) dated executed between Applicants and Respondent No. 2 is annexed hereto and marked as Annexure "A". That, the settlement is arrived between the husband and Respondent No. 2 to end the proceedings for better future relation and to remove ill-will towards each other and therefore the present Respondent No. 2/Orig. Complainant is hereby filing this affidavit giving consent to quash the F.I.R. lodged against the present applicants as well by way of F.I.R. No. 11216002240014/2024 with the Mahila Police Station, Gandhinagar and all other subsequent proceedings after lodging of the F.I.R. i.e. filing of charge-sheet and pending Criminal Case before the Court of Ld. 6th Add. Civil Judge & JMFC, Gandhinagar by way of Criminal Case No. 4406/2024 may be quashed and set-aside to which I hereby give my express consent. 3. That, in the M.O.U, it is agreed between applicants and present deponent that both the parties i.e. husband and wife, will be filing mutual divorce petitioner as per section 13B of the Hindu Marriage Act and that both the parties will co-operate each other in mutual divorce proceedings before the Ld. Family Court. Further, that the Applicant No. 1 i.e. Husband, will deposit amount of Rs. 16,00,000/- for Daughter Ziva as full and final amount and the same shall be claim by present both the parties will withdraw all the allegations which are levelled against each other and that both parties will lead a happy life and no interference will be made in each other's life at any point of time in future. 4.4. It is humbly submitted that, therefore in view of above settlement terms arrived between Applicant No. 1 and present deponent, I, the Original Complainant herein, do not intent to further pursue the matter against the against the present applicants and also against the other family members of the Applicant No. 1 and thus the impugned F.I.R. lodged against the applicants by way of F.I.R. No. 11216002240014/2024 on dated 30-05-2024 with Mahila Police Station, Gandhinagar and all other consequential proceedings arising from the impugned F.I.R. i.e. filing of charge-sheet and pending Criminal Case before the Court of Ld. 6th Add. 6th Add. Civil Judge & JMFC, Gandhinagar by way of Criminal Case No. 4406/2024 may kindly be quashed and set-aside as there is overall settlement between the parties. Therefore, there is no reason to pursue the Criminal proceeding in view of overall settlement arrived between Applicants and present deponent and therefore the impugned F.I.R. and all other consequential proceedings registered against the applicants may be quashed and set-aside. I have been made to understand that by this Affidavit, I am giving my express consent to quash the F.I.R. registered against the present applicants and I am also aware that all the subsequent proceedings arising from the same i.e. filing of charge-sheet and pending Criminal Case before the Court of Ld. 6th Add. Civil Judge & JMFC, Gandhinagar by way of Criminal Case No. 4406/2024, shall stand terminated against the original accused persons i.e. present applicants. Therefore, I hereby give my consent based on my free will and without any compulsion or threat for quashing of the impugned F.I.R. registered against the present applicants by way of F.I.R. No. 11216002240014/2024 registered with the Mahila Police Station, Gandhinagar on dated 30-05-2024 and that I have no objection if the consequential proceedings arising from impugned F.I.R. is further quashed and set-aside  against the present applicants." 8. Thus, it appears from the aforesaid that to continue further with the criminal proceedings pursuant to the impugned FIR and the criminal case would be a futile exercise and the same would amount to abuse of process of law. 9. Thus, it appears from the aforesaid that to continue further with the criminal proceedings pursuant to the impugned FIR and the criminal case would be a futile exercise and the same would amount to abuse of process of law. 9. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another , 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 & Another , reported in (2009) 1 GLH 31 , Manoj Sharma vs. State & Others , reported in (2009) 1 GLH 190 , and Narinder Singh & Others vs. State of Punjab & Another , 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 pursuant to the impugned FIR and the criminal case would be a futile exercise and the same 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 criminal case and 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 Sanhita, 2023. 10. In the result, the application is allowed. The proceedings of the First Information Report No.11216002240014 of 2024 registered with the Mahila Police Station, District - Gandhinagar, for the offences punishable under Sections 498A, 354A, 504 and 114 of the Indian Penal Code, 1860, and under Section 4 of the Dowry Prohibition Act, 1961, as well as the proceedings of the Criminal Case No.4406 of 2024 pending before the learned 6 th Additional Civil Judge and Judicial Magistrate, First Class, Gandhinagar, so also all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside qua the present applicants. 11. Rule made absolute. Direct service is permitted.