Criminal proceedings arising from private matrimonial disputes may be quashed under Section 482 of the Code of Criminal Procedure if the parties have reached an amicable settlement, as continuing such proceedings would be an abuse of the process of law.

Appeal No. 668 of 2022 before this Hon'ble Court, which has been withdrawn by the wife vide order dated 21.08.2025 passed by this Hon'ble Court, copy whereof is annexed hereto and marked as ANNEXURE-I.

3. I state that I and respondent no.2 had entered into settlement deed and as per the deed Rs. 20,00,000/- is to be paid as permanent alimony to respondent no.2 wife. I state that Rs. 15,00,000/- is paid to wife and for remaining Rs. 5,00,000/-Cheque being no. 671395 dated 10.05.2026 of Rs. 5,00,000/- is given to respondent no.2 wife, copy of cheque is annexed hereto and marked as ANNEXURE-II. I further state that out of the wedlock there is one child Saumyaraj aged about 18 years whose custody is with me.

AFFIDAVIT

I, XXX XXX XXX, do hereby state on solemn affirmation and state that what has been stated hereinabove from Paragraph Nos. 1 to 3 is understood by me and the same is true and correct to the best of my knowledge and belief and I believe the same to be true and correct.

The annexure/s annexed to the present reply, if any, is/are true copy/ies of its/their respective original document/s or xerox copy/ies.

What is stated hereinabove is true and correct to the best of my knowledge and belief.”

7. In the said afÏdavit, 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 grievance

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 that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.

9. In the result, the application is allowed. The the FIR being I-CR. No. 11 of 2018 registered with the Mahila Police Station, District-Gandhinagar, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside qua the present applicants.

10. Rule is made absolute accordingly.