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2026 Supreme(Online)(Guj) 2411

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
HONOURABLE MR. JUSTICE VIMAL K. VYAS
SUNIL ARUNKUMAR BHATIAV/sSTATE OF GUJARAT
R/CR.MA/1836/2026



IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 1836 of 2026 ==========================================================

SUNIL ARUNKUMAR BHATIA Versus STATE OF GUJARAT & ANR.

==========================================================

Appearance:

MR VIRAT G POPAT(3710) 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 : 17/02/2026

ORAL ORDER

1. Learned advocate Mr.Pratik G. Advani submits that he has instructions to appear on behalf of the respondent no.2 – complainant. 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-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report being C.R.No.11191033230122 of 2023 registered with the Meghaninagar Police Station, Ahmedabad city, for the offences punishable under Sections 498-A, 323, 294(b), 506(2), 114 of the Indian Penal Code and under Sections 3 and 7 of the Dowry Prohibition Act, as well as all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, learned advocate Mr.Virat Popat appearing for the applicant has submitted that initially the matter was filed on merits, however, during the pendency of the same, the parties have arrived at the amicable settlement.

4. The complainant is personally present before this Court and she has tendered an affidavit dated 17.02.2026. The same is ordered to be taken on record. She has admitted the contents of the affidavit and submitted that the matter is settled between her and the applicant. In the affidavit filed by the complainant, she 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.

5. 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.

6. 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.Pratik G.

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

7. 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 may be quashed and set-aside.

8. 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 applicant-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law.

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

“1. I state that I am the original complainant in the present application filed by the applicant(s).

2. I state that due to the intervention of respected members of society and family, a mutual understanding has been arrived at between me and the applicant(s) in respect of the FIR registered against them. I now have no grievance against the applicant(s).

3. I state that the dispute has been amicably settled between us, and I and my husband have mutually agreed to live separately and pursue our lives as per our own wishes and well-being.

4. I state that as part of the settlement, the applicant(s) have agreed to pay me a sum of ₹18,00,000/- (Rupees Eighteen Lakhs only) as

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