The court emphasized the importance of quashing FIRs in cases of amicable settlements to prevent unnecessary harassment, particularly under Section 498A IPC.

ORAL ORDER

1. Learned advocate for the petitioner has produced a death certificate of Petitioner No.1, Vitthalbhai Kashibhai Patel, and submitted that as the petitioner No.1 is deceased, the petition may be disposed of as abated qua the petitioner No.1.

2. The death certificate is taken on record. The petition is disposed of as abated qua the Petitioner No.1, Vitthalbhai Kashibhai Patel.

3. Learned advocate Mr. Yash Gupta states that he has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama, which is granted. Heard learned advocates for the respective parties.

4. Considering the facts and circumstances of the case and since it is jointly stated at the Bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith.

5. By way of this application under Section 482 of the Code of Criminal Procedure , 1973 (hereinafter referred to as “Cr.P.C.”), the applicant has prayed to quash and set aside the complaint being FIR C.R. No.11196009220125 of 2022 registered with Jawanharnagar Police Station, Vadodara for the offences under Sections 3 23 , 498A and 114 of Indian Penal Code , 1860 and Sections 3 and 7 of the Dowry Prohibition Act as well as all the consequential proceedings arising therefrom.

6. Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit, which is taken / placed on record. In the Affidavit, the original complainant has categorically stated that the dispute with the applicant/s has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them.

7. Having heard learned advocates on both the sides and considering the facts and circumstances of the case, it appears that due to continuous mental and physical harassment on the part of her in-laws, the complainant has filed the present complaint. However, now the matter is amicably settled between the parties and in this regard, the complainant has filed an affidavit stating that she has no objection if the complaint is quashed and she wants to spend her life with her husband. Therefore, no fruitful purpose would be served to proceed with the matter.

8. In view of the above, as the principle laid down by the Apex Court in the cases of (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303 , (ii) Madan Mohan Abbot Vs. State of Punjab , reported in (2008) 4 SCC 582 , (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31 , (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), in the opinion of this Court, the further continuation of criminal proceedings against the applicant/s in relation to the impugned FIR would cause unnecessary harassment to the applicant/s. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C..

9. It appears that petitioners are facing charge of Section 498A of IPC . Therefore, as per the allegations made in the complaint, ingred