Criminal proceedings in matrimonial disputes can be quashed by the High Court if the parties have reached an amicable settlement, as continuing such proceedings would be a futile exercise and an abuse of the process of law.

ORAL ORDER

1. Learned advocate Mr.R.K.Trivedi submits that he has instructions to appear on behalf of the respondent No.2 – complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No.11191045240700 of 2025 registered with the Sola High Court Police Station, Ahmedabad, for the offences punishable under Sections 54 , 85, 115(2) of the Bharatiya Nyaya Sanhita, 2023 and under Sections 3 , 4 of Dowry Prohibition Act, as well as 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 and affidavit, which are ordered to be taken on record. In the affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, 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.Krina Calla waives service of notice of rule for and on behalf of the respondent No.1 – State and learned advocate Mr.R.K.Trivedi waives service of notice of rule for and on behalf of the respondent No.2 – complainant.

6. Learned advocate for the applicants-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR may be quashed and set-aside.

7. The complainant, who is personally present in the Court, has categorically stated that she has no objection if the application is allowed and the impugned FIR is quashed and set-aside. Thus, it appears from the aforesaid that sending the applicants-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law.

8. The relevant paragraphs of the affidavit of the complainant, read thus :

“1. That I am the complainant of FIR 11191045240700 of 2025 registered with Sola high Court police station on 22.11.2024, District Ahmedabad for the offences punishable u/s 85, 115(2), of BNS and section 3 and 4 of Dowry Prohibition Act.

2. The dispute between myself and the petitioner has been amicably resolved with the intervention of close friends and well-wishers. Hence, there is no dispute as such now exists between us and therefore, I do not wish to proceed with the impugned complaint against the petitioner and I am stating so on my own accord and in fully conscious state of mind and without any pressure or undue influence or threat or intimidation.

3. The undersigned reiterates that there remains no acrimony/grudge with the Petitioner and that he is desirous of withdrawing all the allegations against the petitioner.

4. It is further submitted that the applicant no. 1 herein husband of the complainant had already given written undertaking to the complainant/wife that no such incident will be repeated in future and all the stridhan ha