Back
2026 Supreme(Guj) 42
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
VIMAL K. VYAS, J.
Vinodbhai Ganeshbhai Baxi And Anr. – Appellants
Versus
State Of Gujarat And Anr. – Respondents
R/Criminal Misc.Application (For Consent Quashing) No. 5548 of 2026
Decided On : 05-03-2026
For the Appellant : Mr. Anantanand J Singh, Ms. Akanksha U Tiwari, Mr. Parth Y Raval
For the Respondent: Ms. Asmita Patel, App
The court has the discretion to quash FIRs when disputes are amicably resolved between parties, preventing an abuse of legal processes.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Indian Penal Code, 1860 - Sections 498A, 354A, 504, and 114 - Dowry Prohibition Act, 1961 - Quashing of FIR - The complainant stated that the dispute has been amicably resolved and expressed consent to quash the FIR and all consequential proceedings. The court noted that continuing the criminal proceedings would amount to an abuse of process. (Paras 8, 10)
(B) Court's discretion - The court has discretion under Section 528 to quash FIR based on amicable resolution between parties. (Paras 8, 10)
Facts of the case:
The applicants filed an application to quash an FIR for various offences which the complainant stated was resolved through mutual agreement and consent. The complainant affirmed no grievance remains and sought to end all legal proceedings.
Findings of Court:
The court found that there was no reason to continue with the FIR or the criminal case, as it would be a futile exercise.
Issues: The court addressed whether the criminal proceedings should continue in light of the parties' amicable resolution.
Ratio Decidendi: The court emphasized that the necessity for continued proceedings is negated by the mutual agreement of the parties, recognizing the importance of resolving disputes amicably.
Result: Application allowed; proceedings quashed.
| Table of Content |
|---|
| 1. representation and appearance of counsel in court (Para 1 , 5) |
| 2. quashing of fir due to amicable settlement (Para 2 , 3 , 6 , 10 , 11) |
| 3. court's role in consent quashing under section 528 (Para 4 , 9) |
| 4. abuse of process of law in continuing proceedings (Para 7 , 8) |
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 6th 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. 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 visitatio
