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2025 Supreme(Online)(Guj) 6571
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
J. C. DOSHI, J
HEMANT JAIRAJ SINGH SHEKHAWAT & ORS. – Appellant
Versus
STATE OF GUJARAT & ANR. – Respondent
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2835 of 2018 | R/CRIMINAL MISC.APPLICATION NO. 343 of 2018 | R/CRIMINAL MISC.APPLICATION NO. 2626 of 2018
For the Appellants/Petitioners: GAURAV K LAKHWANI, NILESH P UDERNANI
For the Respondents: MR.ADITYA J PANDYA, MR. CHINTAN DAVE, APP
The court may quash an FIR under Section 482 of the CrPC when the dispute between the parties is resolved amicably and the complainant no longer wishes to pursue the case.
Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Applicants prayed to quash FIR alleging offences under Sections 498A, 323, 114 of IPC and Sections 3 and 7 of Dowry Prohibition Act, 1961 - Dispute settled amicably between parties through Deed of Separation - Complainant affirms no grievance exists - Application allowed, FIR quashed. (Paras 3, 4, 6, 8)
Facts of the case:
The FIR was lodged by the original complainant against the applicant and co-accused for several alleged offenses. After mutual resolution and a deed of separation, the complainant submitted her wish to withdraw the FIR and subsequent proceedings.
Findings of Court:
The application to quash the FIR is justified due to the amicable settlement of the dispute, resulting in no further grievances.
Issues: The main issue addressed was whether the FIR should be quashed given the amicable resolution of the dispute.
Ratio Decidendi: The court emphasized that when disputes are resolved amicably, and the complainant wishes to withdraw, quashing FIR is appropriate, promoting justice and resolution.
Result: Application allowed; FIR quashed.
| Table of Content |
|---|
| 1. response to amicable settlement request. (Para 1 , 2) |
| 2. quashing of fir due to withdrawal by complainant. (Para 3 , 6) |
| 3. mutual consent and understanding of the complainant enable withdrawal. (Para 4) |
| 4. final ruling granted to quash fir. (Para 8) |
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2835 of 2018 With R/CRIMINAL MISC.APPLICATION NO. 343 of 2018 With R/CRIMINAL MISC.APPLICATION NO. 2626 of 2018 ==========================================================
HEMANT JAIRAJ SINGH SHEKHAWAT & ORS.
Versus STATE OF GUJARAT & ANR.
==========================================================
Appearance:
GAURAV K LAKHWANI(9520) for the Applicant(s) No. 1,2,3,4 NILESH P UDERNANI(9050) for the Applicant(s) No. 1,2,3,4 MR.ADITYA J PANDYA(6991) for the Respondent(s) No. 2 MR. CHINTAN DAVE, APP for the Respondent(s) No. 1 ==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 17/06/2025 COMMON ORAL ORDER ORDER IN R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2835 of 2018 Learned advocate for the petitioner seeks permission to withdraw the present petition.
Permission, as prayed for, is granted. The present petition stands disposed of as withdrawn. Notice stands discharged.
ORDER IN R/CRIMINAL MISC.APPLICATION NO. 343 of 2018
1. Learned advocate Mr. Aditya Pandya for the respondent No.2 has identified respondent no.2 who is present in the Court.
2. 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.
3. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicants have prayed to quash and set aside the FIR being C.R. No.1-31 of 2015 registered with Bopal Police Station, Ahmedabad and all the consequential proceedings arising therefrom.
4. Complainant – Mrs. Preetam is present before the Court and has been duly identified by learned advocate Mr. Aditya Pandya for respondent No.2.
5. It is submitted that the contents of the affidavit filed by the first informant have been duly explained to her in vernacular language, and she affirms her understanding thereof.
6. Relevant paragraphs of the affidavit filed by the complainant reads as under:–
“1. I say that I am the original complainant of FIR registered as C.R. No: I-31 of 2015 dated 05.04.2015 with Bopal Police Station, Ahmedabad, alleging offences punishable under Section 498A , 323, and 114 of IPC , 1860 and Section 3 and 7 of Dowry Prohibition Act, 1961 (hereinafter referred to as "the said FIR) which has culminated into Criminal Case No. 8874 of 2015 pending before the Hon'ble Chief Judicial Magistrate, Ahmedabad (Rural).
2. I say and submit that, by way of Deed of Seperation dated 19.04.2025, I have amicably settled the dispute by way of compromise with my husband Mr. Hemant Jairajsing Shekhawat. I say and submit that due to the circumstances and grievances prevailing at the relevant point in time between my husband and myself, the said FIR came to be lodged by me against my husband and the accused persons named in the said FIR. However, in light of the settlement 125 arrived at by way of the Deed of Seperation dated 19.04.2025, I respectfully submit that, there are no surviving grievances and therefore I wish to withdraw all proceedings pursuant to the FIR registered as C.R. No: I-31 of 2015 dated 05.04.2015 with Bopal Police Station, Ahmedabad, alleging offences punishable under Section 498A , 323, and 114 of IPC , 1860 and Section 3 and 7 of Dowry Prohibition Act, 1961 , against the Petitioner and other accused persons, in the interest of justice.
3. I, the original complainant, therefore, does not intend to pursue the said FIR and all other consequential proceedings against the Petitioner and other accused persons and hence, do not have any objection t
