IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4453 of 2026 ==========================================================

SADIK ISHAK SHIKARI Versus STATE OF GUJARAT & ANR.

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Appearance:

UMARFARUK M KHARADI(8155) 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 : 23/02/2026

ORAL ORDER

1. Learned advocate Mr.M.M.Sindhi appears and submits that he has instructions to appear on behalf of the respondent no.2 – original 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 applicant- original accused seek to invoke the inherent powers of this Court, praying to quash and set- aside the First Information Report being C.R.No.11207002240020 of 2024 registered with the Godhra “B” Division Police Station, Panchmahal, for the offences punishable under Sections 376(2)(n), 420 of the Indian Penal Code; the charge sheet dated 10.04.2024 as well as the proceedings of the Sessions Case No.96 of 2025 pending before the learned Sessions Court, Panchmahal at Godhra, 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 Sessions Case 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 Mr.M.M.Sindhi 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, the charge-sheet as well as the proceedings of the Sessions case 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; the charge-sheet as well as the proceedings of the Sessions case 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. That I am the first informant of the FIR Registered with Godhra 'B' Division Police Station being C.R. No. 11207002240020 of 2024 for the offence punishable under sections 376(2)(n) and 420 of Indian Penal Code.

2. I state and submits that impugned FIR was registered in heat of moment, due to misunderstanding as applicant accused was delaying marriage, however, subsequently, the Applicant i.e. Sadik Shikari had married with me and I and Applicant are residing as husband and wife since last one year and thus the dispute with the pre