The High Court can quash criminal proceedings in matrimonial disputes if the parties have amicably settled their differences, as continuing the trial would be a futile exercise and an abuse of the process of law.

ORAL ORDER

1. Learned advocate Mr.Meet Kakadia 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- 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.11203036230385 of 2023 registered with the Maliya Hatina Police Station, Junagadh, for the offences punishable under Sections 328, 498A, 323, 504, 506(2), 114 of the Indian Penal Code; the charge sheet No.05/2024 as well as the proceedings of the Sessions Case No.09 of 2024 pending before the learned Additional Sessions Judge, Keshod, so also all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the original complainant, who is personally present before this Court, has produced her identity proof, which is ordered to be taken on record. She has also filed an affidavit, which is annexed as Annexure “G” to the application. In the affidavit, the complainant has categorically stated that 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 criminal proceedings pursuant to the impugned FIR and the sessions case against the present applicant.

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.Tirthraj Pandya waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr.Meet Kakadia 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, the charge-sheet as well as the proceedings of the sessions case may be quashed and set-aside.

7. The original complainant, who is present in the Court, has categorically stated before this Court that she has no objection if the application is allowed and the impugned FIR; the charge-sheet as well as the proceedings of the sessions case are 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 original complainant, read thus :

“1. I say and submit that I am Respondent No. 2 in the present Criminal Misc. Application and the original complainant of F.I.R. No. 11203036230385 of 2023 registered with Maliya Hatina Police Station, District: Junagadh for the offences punishable under Sections 328, 498A, 323, 504, 506(2), 114 of the IPC, and I am well acquainted with the facts of the case and competent to file this affidavit.

2. I say and submit that the Applicants herein are the accused persons in the aforesaid FIR. Applicant No. 1 is my husband and the other Applicants are my in-laws.

3. I say and submit that due to matrimonial disputes and misunderstanding, the aforesaid FIR came to be lodged by me against the Applicants.

4. I say and submit that