IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 2429 of 2026 ==========================================================

FAIZAN SHAKHIAHMED CHANGIWALA Versus STATE OF GUJARAT & ANR.

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Appearance:

MR AMRISH K PANDYA(3219) for the Applicant(s) No. 1 MS KRINA CALLA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 18/02/2026

ORAL ORDER

1. Learned advocate Mr. Mehul M. Mehta appears and 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 filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused has prayed to quash and set-aside the First Information Report No.11196027210674 of 2021 registered with the Karelibaug Police Station, District – Vadodara City, for the offences punishable under Sections 498A, 323, 504 and 506(2) of the Indian Penal Code, 1860, as well as the proceedings of the Criminal Case No.38705 of 2021 pending before the learned 17^th Additional Civil Judge and Judicial Magistrate, First Class, Vadodara, so also 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 as well as the affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that she has received the amount of Rs.12,50,000/- from the applicant towards permanent alimony. She has further stated that the dispute between her and the applicant-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. Mehul M. Mehta waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. The complainant, who is personally present before this Court, has categorically stated that the dispute has been amicably resolved with the applicant and she has no objection if the application is allowed and the impugned FIR as well as the criminal case are quashed and set-aside.

7. The relevant paragraphs of the affidavit filed by the complainant – Nafisabanu d/o Yunusbhai Sulemanbhai Bandiwala, read thus :

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4. I say and submit that as per settlement, the applicant also paid Rs. 12,50,000/- to the respondent no. 2 i.e ori. complainant towards permanent alimony and the same was accepted by me and after receipt of the said amount, parties have also entered into the settlement agreement duly signed by them on 03/12/2025 and on basis of the said agreement, the parties withdrew all the proceedings pending between them inter-se as mentioned in the above para.

5. I say and submit that as the compromise has arrived between the parties and as both the parties are divorced as per shariat law and even permanent alimony is also received by the respondent no. 2 and as the proceedings filed under domestic violence Act and maintenance proceedings filed under section 125 of the Cr.P.C. are also withdrawn which were filed between the parties interse and so I state that as the issue has been compromised and settled between me on one hand and the applicant on the other hand. I have no more grouse or grievance against the applicant and I did not want to prosecute the case against the applicant anymore and as a matt