IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4619 of 2026 ==========================================================

VATSAL ALKESHKUMAR PATEL THRO P.O.A HOLDER SONAL TUSHAR PATEL Versus STATE OF GUJARAT & ANR.

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Appearance:

MR ARPIT P PATEL(5497) for the Applicant(s) No. 1 MS ASMITA PATEL, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 26/02/2026

ORAL ORDER

1. Learned advocate Ms.Maithily K. Shah appears and submits that she has instructions to appear on behalf of the respondent no.2 – original complainant. She is permitted to file her appearance. Registry shall accept her vakalatnama.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant- original accused seeks to invoke the inherent powers of this Court, praying to quash and set- aside the First Information Report being C.R.No.11191008230519 of 2023 registered with the Chandkheda Police Station, Ahmedabad city, for the offences punishable under Sections 498A, 323, 294(b), 114 of the Indian Penal Code and Sections 3, 7 of the Dowry Prohibition Act and the charge sheet, so also all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the original 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 affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute between her and the applicant- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, she does not want to proceed further with the criminal proceedings pursuant to the impugned FIR and the charge-sheet against the present applicant.

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.Maithily K. Shah waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

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

7. The original complainant, who is present in the Court, has categorically stated before this Court that she has no objection if the application is allowed and the impugned FIR as well as the charge-sheet are quashed and set-aside. Thus, it appears from the aforesaid that sending the applicant-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 original complainant, read thus :

“1. I have filed the FIR No. 11191008230519 of 2023 dated 18/08/2023 registered with Chandkheda Police Station, Ahmadabad City for the offences punishable under provision of section 498 A, 323, 294(b) and 114 of the Indian Penal Code and section 3 and 7 of the Dowry Act against the petitioner and his family member who are my husband, father-in- law and mother-in-law respectively. I say that I am the original complainant in the said offence- respondent No. 2 herein and I am fully conversant with the facts and circumstances of the case and therefore I am duly competent to execute this affidavit. At the outset, I say that the facts regarding settlement st