IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 5185 of 2026 ==========================================================

SHITIJ VIJAY JAIN & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR SAHIL M SHAH(10113) for the Applicant(s) No. 1,2,3 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

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

ORAL ORDER

1. Learned advocate Mr. Anirudh Suchak 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 applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 11210031260009 of 2026 registered with the Mahila Sector - 2 Police Station, Surat City, for the offences punishable under Sections 85, 296(b), 54 of the Bharatiya Nyaya Sanhita, 2023 and under Sections 4, 7 of the Dowry Prohibition Act, 1961, as well as all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the complainant personally present before this Court. She has also filed an affidavit, which is annexed at Annexure ‘B’ to the application. In the said affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute has been amicably resolved with the applicants 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 Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Anirudh Suchak 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 may be quashed and set-aside.

7. The complainant, who is personally present in the Court, has categorically stated before this Court 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.

8. The relevant paragraphs of the affidavit filed by the complainant – Ruchi Shitij Jain, read thus :

“2. I say and submit that since the filing of the FIR, with the intervention of family members and well-wishers, a comprehensive and amicable settlement has been reached between the Petitioners and myself.

3. I further state that the disputes were essentially matrimonial and personal in nature, arising out of domestic misunderstandings and emotional distress. We have now resolved all our differences and have mutually decided to live separately. As part of this settlement, we have also agreed to file for divorce by mutual consent under Section 13-B of the Hindu Marriage Act.

4. I state that I have no further grievance against the Petitioners regarding the allegations of dowry, cruelty, or any other charges mentioned in the FIR. In view of this settlement, I no longer seek to pursue the criminal prosecution against the Petitioners.

5. I say that I have no objection if the impugned FIR and all consequential proceedings arising there from are quashed by this Honorable Court in t