IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 3354 of 2026 ==========================================================

NAHUSHBHAI MUKESHBHAI DIXIT & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR DHARM K RAVAL(10689) for the Applicant(s) No. 1,2,3,4 MR MOHAMMEDSOHEL S SHAIKH(10953) for the Applicant(s) No. 1 MR MANAN MAHETA, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 10/02/2026

ORAL ORDER

1. Learned advocate Mr.N.K.Vaidankar appears and submits that he has instructions to appear on behalf of the respondent no.2 – original 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 applicants- 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.11191030220035 of 2022 registered with the Mahila Police Station (West), Ahmedabad city, for the offences punishable under Sections 498A, 323, 294(b), 506(2), 114 of the Indian Penal Code and under Section 4 of Dowry Prohibition Act, as well as all other consequential proceedings arising pursuant thereto, including Criminal Case No.81697 of 2022 pending before the learned Metropolitan Magistrate Court, Gheekanta at Ahmedabad.

3. Today, when the matter is called out, the complainant remained present before this Court and she 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 applicants- 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 matter qua the present applicants.

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 Mr.Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr.N.K.Vaidankar 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 as well as all other consequential proceedings may be quashed and set-aside.

7. The original complainant has categorically stated before this Court that she has no objection if the application is allowed and the impugned FIR as well as the proceedings of the Criminal Case are quashed and set-

aside qua the present applicants. 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 filed by the original complainant, read thus :

“1. That my marriage with the Petitioner herein was solemnized on 19.04.2018 at Vadodara as per the Hindu rites and rituals and thus we are Husband and Wife as per the Hindu Marriage Act.

2. That certain disputes had arisen between the parties and due to that the Parties had been living separately since 08.04.2022. That I had filed FIR being CR. No. No.11191030220035/2022 before the Mahila Police Station, Ahmedabad (City) which is now converted into Criminal Complaint No.81697/2022 and is pending before the Metropolitan Magistrate Court, Gheekanta at Ahmedabad. That I had also filed Cr.MA No