Forgery requires the fabrication of a document with the intent to cheat; a mother adding her surname to her children's Aadhaar cards, while maintaining the father's name, does not prima facie constitute forgery.

ORAL ORDER

1 Present petition is filed for quashment of the FIR being FIR No.11196044260145 registered with Atladara Police Station, Vadodara for the offences punishable under sections 316, 318, 319, 335, 336 of Bharatiya Nyay Sanhita, 2023 so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside qua the present petitioner.

2 Learned advocate Mr. Rajesh Mishra, appearing for respondent No.2, has raised preliminary objections with regard to the appearance of learned advocate Mr. Hitesh Gupta representing the petitioner-wife. It is submitted by learned advocate Mr. Mishra that, as per the order passed by the learned Family Court in Family Suit No.365 of 2021, the learned Family Court directed learned advocate Mr. Gupta to withdraw himself and his associates from appearing as counsel for the applicant-wife in the present matter or in any matter between the applicant-wife and the respondent-husband. It is submitted by learned advocate Mr. Mishra that the said order was followed by the learned Sessions Court in Criminal Revision Application No.70 of 2026 as well as in Regular Civil Suit No.57 of 2025. It is submitted that, as per the application made by the present applicant, Mr. Hitesh Gupta was guiding the respondent-husband regarding payment of bribe to the Vadodara Civil Court Judge, Mr. M.B. Parmar, and therefore he was aware with regard to the financial condition of the present applicant. In that background, his appearance cannot be accepted and this Court may not hear him representing the petitioner-wife.

3 As against the same, learned advocate Mr. Gupta has vehemently opposed the said objection and submitted that the respondent-husband has initiated 88 different proceedings before different Courts. It is submitted that the so-called guidance alleged to have been given by the present applicant is nowhere related to the dispute between the husband and wife. It is submitted that, as per the allegations made in the application filed before the learned Family Court at Exhibit 43, the respondent-husband came into contact with learned advocate Mr. Gupta through Mr. Sandip Gandhi in the year 2019-20. It is submitted that, after the order passed by the learned Family Court, the present applicant contacted Mr. Sandip Gandhi, who has been residing in the U.S. for the last five years, and sought clarification with a request that whatever clarification was given would be used in the Court proceedings as evidence. It is submitted that, on 04.02.2026, Mr. Sandip Gandhi explained that, in the year 2018, Mr. Abhishek had approached him inquiring about some good lawyer for civil cases in which he had filed complaints against one Ripal Shah and others. As per the communication, he intended to offer a bribe to the learned Judge before whom the proceedings were pending. In that context, he sought advice from Mr. Sandip Gandhi for obtaining the contact details of some good lawyer. Mr. Sandip Gandhi, in the presence of Mr. Abhishek, husband of the petitioner, made a call and thereafter conveyed the intention of the respondent-husband.

3.1 It emerges from the said communication that learned advocate Mr. Gupta had asked him not to give any such reference and had refused to arrange any meeting. It is submitted by learned advocate Mr. Gupta that the WhatsApp chats alleged to have taken place between the learned advocate and the applicant merely suggest that an attempt was made to arrange a meeting with learned advocate Mr. Gupta however, subsequently no such meeting was ever arranged, nor did he meet the respondent-husband or give any further advice.

3.2 It is submitted by the learned advocate Mr. Gupta that the present matter is being conducted pro bono and that multiple litigations are pending between the husband and wife. It is submitted that, as learned advocate Mr. Gupta has been representing the wife in every proceeding, which has resulted in o