IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 3002 of 2026 ================================================================

HIREN DHANJIBHIA VAGHAMASHI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR JAGAT V PATEL(7480) for the Applicant(s) No. 1 MR KEVIN N PATEL(12189) for the Applicant(s) No. 1 MS KRINA CALL, APP for the Respondent No. 1 MR RAHIL JAIN, ADVOCATE for the Respondent No. 2 ================================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 20/03/2026

ORAL JUDGMENT

1. RULE returnable forthwith. Learned APP Ms.Krina P.Calla waives service of notice of rule for and behalf of the respondent no.1 – State and learned advocate Mr.Rahil Jain waives service of notice of rule for and on behalf of the respondent no.2 - Complainant.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the present applicant-accused no.3, who is the younger brother of the accused no.2 whose engagement was performed with the deceased, seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No.11191013220564 of 2022 registered with the Krishnanagar Police Station, Ahmedabad, for the offences punishable under Sections 306, 506(2), 114 of the Indian Penal Code and under Section 67(e)(a) of the Information Technology Act, 2000.

3. As per the case of the prosecution, the complainant’s daughter (i.e. the deceased) got engaged with the accused no.1 (i.e. the son of the accused no.2). However, subsequently, upon discovering his addictions and infidelity, the deceased reported the same to her father, who, in turn, broke off her engagement to the accused no.1. It is alleged that thereafter the deceased became acquainted with one Harsh Patel, who was living on the upper floor of her house, and they both took a trip, during which they created and posted videos to the deceased’s Instragram account, which the accused no.1 had password access. It is further alleged that the said videos were thereafter sent by the mother of the accused no.1 (i.e. the accused no.2) on the Whatsapp account of the aunt of the deceased, which were subsequently sent to the complainant. It is further alleged that after the complainant questioned the deceased about the matter, she became deeply distressed and withdrawn. Ultimately, on 23.06.2022 in the afternoon, she took a drastic step and committed suicide by hanging herself, leaving behind a suicide note. The complainant had filed a complaint in this regard, which was first registered as Accidental Death No.32 of 2002, and subsequently, it was registered as First Information Report No.11191013220564 of 2022 with the Krishnanagar Police Station, Ahmedabad, for the offences punishable under Sections 306, 506(2), 114 of the Indian Penal Code and under Section 67(e)(a) of the Information Technology Act, 2000.

4. At the outset, learned advocate Mr.Jagat V.Patel appearing for the applicant-accused no.3 has submitted that settlement has been arrived at between the parents of the deceased and the applicant. The complainant, who is the father of the deceased, has filed an affidavit dated 30.01.2026 annexed at Annexure-B to the application, inter alia, specifically stating that the dispute has been amicably settled with the present applicant-accused and he has no objection if the impugned FIR is quashed and set-aside.

5. Learned advocate Mr.Patel has further submitted that the present applicant-accused no.3 is the real younger brother of the accused no.1, who resides in Australia and was not even present in India at the time when the alleged incident had occurred.

6. Learned advocate Mr.Patel has submitted that after the investigation, charge-sheet was filed against the accused nos.1 and 2, which came to be registered as Sessions Case No.251 of 2023; however, since the prese