IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 16916 of 2025 ==========================================================

MOHIT KAILASH GYANCHANDANI & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

KAASH K THAKKAR(7332) for the Applicant(s) No. 1,2,3,4,5,6,7,8 MR HK PATEL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY Date : 18/12/2025

ORAL ORDER

1.

Present application is preferred by the Petitioners (Original Accused) under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, seeking quashing of FIR being C.R.No.11210031250110 registered with Mahila Sector-2 Police Station, Surat City for the offences punishable under Sections 85, 115 (2), 296 (b), 351 (2), 351 (3) of the Bharatiya Nyay Sanhita, 2023 and Sections 4 and 7 of the Dowry Prohibition Act along with Criminal Case No.233610 of 2025 before 5^th Additional Civil Judge and JMFC, Surat and all other connected proceedings qua the petitioners.

2.

Heard learned Advocate for the Applicant and learned

3.

Rule. Learned APP waives service of notice for and on

4.

Learned Advocate for the Petitioner has submitted that the matter has been amicably settled between the parties and they are now not willing to proceed with the complaint any further.

5.

Leaned Advocate, Mr.Prem D. Das appearing on behalf of Respondent No. 2 (Original Complainant), who is present before this Court, has placed on record duly sworn in Affidavit dated 05.12.2025. The same is ordered to be taken on record. Learned Advocate has submitted that matter has been amicably settled between the parties and there is no objection if present application is allowed. The affidavit reads thus: “2. I say that since the disputes between us out of which the criminal proceedings have arisen have been compromised between the parties. Problems and errors related to the incident have been solved. We have settled the disputes amicably and in mindful manner.

3. I state that in view of what is stated herein above, I do not object to the quashing of the proceedings of FIR FIR being No.11210031250110 filed before Mahila Sector-2 Police Station, Surat City on 29.08.2025 punishable under Section 85, 115 (2), 296 (b), 351 (2), 351 (3) of The Bharatiya Nyay Sanhita, 2023 and Sections 3 and 7 of the Dowry Prohibition Act. I further state that I do not object to the quashing of Charge sheet vide Criminal Case No.233610 of 2025 and its further, other and consequent proceedings. I jointly pray to allow the petition and grant the reliefs as prayed for in the present application.”

6. Considering averments made in the Affidavit as also the submissions made by the learned Advocates for the respective parties, the present Application deserves to be allowed and is hereby allowed. The FIR being C.R.No.11210031250110 registered with Mahila Sector-2 Police Station, Surat City for the offences punishable under Sections 85, 115 (2), 296 (b), 351 (2), 351 (3) of the Bharatiya Nyay Sanhita, 2023 and Sections 4 and 7 of the Dowry Prohibition Act along with Criminal Case No.233610 of 2025 before 5^th Additional Civil Judge and JMFC, Surat and all consequential proceedings pursuant to the FIR are quashed and set aside qua the petitioners. Rule is made absolute.

(M. R. MENGDEY,J)

R.S. MALEK