IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 31278 of 2017 ==========================================================

AJAZ NISHAR (ADAM) KARIM SHAIKH & ORS.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR IMRAN H PATHAN(3478) for the Applicant(s) No. 1,2,3,4,5 HARSHADKUMAR D TRIVEDI(8743) for the Respondent(s) No. 2 MS MERAJ G CHOPDA(11117) for the Respondent(s) No. 2 MS VRUNDA SHAH, ADDL. PUBLIC PROSECUTOR for the Respondent(s)

No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 02/04/2026

ORAL ORDER

1. Learned advocate Ms. M.G.Choda appears and submits that she has instructions to appear on behalf of the respondent No.2- complainant. She is permitted to file his appearance. Registry shall accept his vakalatnama.

2. By way of preferring the present application under Section 482 of the Code of Criminal Procedure, the applicants-accused seek to invoke the inherent powers of this Court, praying to quash and set-aside the FIR being CR. No. I – 43 of 2017 registered with the Lunawada Police Station, District- Mahisagar, for the offences punishable under Sections 498-A, 323, 506(2) and 114 of the Indian Penal Code, and under Section 4 of the Dowry Prohibition Act, as well as the proceedings of the Criminal Case No.489 of 2017, pending before the learned Magistrate First Class, Lunawada, so also all other consequential proceedings arising pursuant thereto qua the present applicants.

3. Today, when the matter is called out, the complainant is present before this Court. The affidavit filed by the complainant is ordered to be taken on record. In the said affidavit, the complainant has categorically stated that they have mutually decided to live separately pursuant to the divorce. Therefore, she has submitted that since the dispute has been amicably resolved with the applicants and there is no ill-will or any grievance amongst them, the application may be allowed and the impugned FIR as well as the Criminal Case may be quashed.

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. The complainant, who is present in the Court, has categorically stated that the dispute has been amicably resolved between the parties and 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.

6. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered by the Apex Court in the cases of ‘ Gian Singh Vs. State of Punjab & Anr . ’, reported in ( 2012 ) 10 SCC 303 , ‘ Madan Mohan Abbot Vs . State of Punjab ’, reported in (2008) 4 SCC 582, ‘Nikhil Merchant Vs. Central Bureau of Investigation & Anr.’ , reported in 2009 (1) GLH 31 , ‘Manoj Sharma Vs. State & Ors. ’, reported in 2009 (1) GLH 190 and ‘ Narinder Singh & Ors. Vs. State of Punjab & Anr . ’, reported in 2014 (2) Crime 67 (SC) , it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. I have also considered the latest decision of the Apex Court in the case of ‘Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat ’, Criminal Appeal No.1723 of 2017, dated 4.10.2017 and the guidelines issued by the Apex Court in the said decision, particularly Paragraph-15, thereof. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. It appears t