IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 25791 of 2025 ==========================================================

HEMANT @ SAHIL MADHUSUDANBHAI SHARMA & ORS.

Versus STATE OF GUJARAT & ANR.

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

Appearance:

MR.KISHAN PRAJAPATI(7074) for the Applicant(s) No. 1,2,3,4 MR MANAN MAHETA, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 18/03/2026

ORAL ORDER

1. Learned advocate Mr.Mahesh Pujara submits that he has instructions to appear on behalf of the respondent no.2 – 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.11203040250018 of 2025 registered with the Mahila Police Station, Junagadh, for the offences punishable under Sections 85, 115(2), 352, 54 of the Bharatiya Nyaya Sanhita, 2023 and under Section 3 of the Dowry Prohibition Act, as well as all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced her identity proof and 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.

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.Mahesh Pujara 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 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 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 of the complainant, read thus :

“It is submitted that I am the Ori. Complainant who has filed the complaint registered with Mahila Police Station, Junagadh as FIR NO - 11203040250018 of 2025 against the present petitioners. It is submitted that after registration of the above referred complaint both sides have sit together and with the help of relatives and community people the dispute is amicably resolved between us and it is further submitted that we have decided to separate from each other and even suit for the divorce is also filed before the concern court and I have received Rs. 4 lakh out of total amount of final alimony that is 6.50,000/- Rs. and for remaining amount Rs. 2,50,000/- I have received a cheque from otherside and therefore in view of above I do not have any objection if the Hon'ble court will quash the FIR and further proceeding against the petitioners and therefore I earnestly urge this Hon'ble court to terminate the proceeding as prayed by petitioners in the interest of justice.”

9. Havi