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2026 Supreme(Online)(Guj) 21329
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
M. K. Thakker, J
JAYDEEP SUDHAKAR BIREWARV/sSTATE OF GUJARAT
R/CRIMINAL MISC.APPLICATION (FOR DOMESTIC VIOLENCE) NO. 13638 of 2026
For the Appellants/Petitioners: Kishan R Chakwawala, Shyam R Chakwawala
For the Respondents: Monali Bhatt, M.A. Shah
Criminal proceedings arising from matrimonial disputes can be quashed by the High Court if the parties have reached an amicable settlement, as continuing such proceedings would constitute an abuse of the process of law and unnecessary harassment.
Headnote:The applicant sought the quashment of a complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before the 3rd Additional Civil Judge, JMFC at Ahmedabad. The matter arose from a matrimonial dispute which the parties subsequently resolved through an amicable settlement, as confirmed by an affidavit filed by the complainant stating that the dispute was of a personal nature and resulted from a misunderstanding. The court examined whether the continuation of criminal proceedings was justified given the mutual compromise. Relying on established precedents, the court reasoned that continuing the proceedings in light of the settlement would be an unnecessary harassment to the accused and a futile exercise, thereby amounting to an abuse of the process of law. The impugned complaint being CRMA No.J/2521/2025 before the learned 3rd Additional Civil Judge, JMFC At Ahmedabad Civil, Court is quashed.
| Table of Content |
|---|
| 1. application for quashment of domestic violence complaint based on mutual settlement. (Para 1 , 2 , 3 , 4) |
| 2. quashing proceedings to prevent abuse of process and unnecessary harassment. (Para 5) |
| 3. final order quashing the complaint and all consequential proceedings. (Para 6) |
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NEUTRAL CITATION
R/CR.MA/13638/2026 ORDER DATED: 19/06/2026
0.7766793171142073
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR DOMESTIC VIOLENCE) NO.
13638 of 2026
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JAYDEEP SUDHAKAR BIREWAR
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR KISHAN R CHAKWAWALA(9846) for the Applicant(s) No. 1
MR. SHYAM R CHAKWAWALA(17305) for the Applicant(s) No. 1
MS.MONALI BHATT, APP for the Respondent(s) No. 1
MR.M.A.SHAH FOR RESPONDENT NO.2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 19/06/2026
ORAL ORDER
1. Rule returnable forthwith. Learned APP Ms.Monali Bhatt
waives service of Rule on behalf of respondent no.1 and
learned advocate Mr.M.A.Shah waives service of Rule on
behalf of respondent no.2.
2. The present application is filed for quashment of the
complaint being CRMA No.J/2521/2025 before the
learned 3rd Additional Civil Judge, JMFC At Ahmedabad
Civil, Court under section 12 of The Protection Of
Women From Domestic Violence Act, 2005.
3. At the outset, it is submitted by learned advocate
Mr.Kishan Chakwawala that the impugned complaint is
filed under the Domestic Violence Act. It is further
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0.7766793171142073
submitted that the dispute is resolved between the
parties and this Court has already quashed the
impugned complaint qua accused no.4 vide order dated
18.06.2026. Learned advocate Mr.M.A.Shah has
identified the complainant and, in presence of the
complainant, has reiterated the contents of the affidavit
filed by the complainant
4. This Court has noted the presence of the complainant
and referred the affidavit of the complainant, which is
reproduced hereinbelow:
“I, Dishaben Pinakinbhai Trivedi, Female, Adult, Residing at- L/304,
Shyam Kutir, Opp. 108 Emergency call center, Kathwada Road,
Naroda, Ahmedabad, Gujarat- 382330; happen to be the Respondent
No. 2 of the Present Petition i.e. original Complainant do hereby
solemnly affirm and state on oath as under that-:
1. I am a Citizen of India and permanently reside at the above-
mentioned address. I state and submit that I have registered a
complaint vide CRMA No. J/2521/2025 before the Ld. Judicial
Magistrate Court at Ahmedabad under section 12 of the Protection of
Women from Domestic Violence Act, 2005 wherein the Present
Petitioner has been roped as a Respondent/Accused and have
preferred the present Petition.
2. I humbly submit that the said issue arises out of a matrimonial
dispute and is of personal nature and has happened because of some
misunderstanding between the present Deponent and the Petitioner
side. The said dispute arose over a petty issue and a settlement
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0.7766793171142073
regarding the same has been arrived at. That both the parties i.e. the
deponent herein and the Petitioner have agreed that they shall not
file and complaint, case, etc. against each other for the same subject
matter in the future. I am in a fully conscious and a healthy state.
Even otherwise, I have realized that there was no such intention or
ulterior motive and therefore do not wish to continue the said issue
and therefore such amicable and mutual compromise have taken
place in a good and fine faith in the interest of Justice.
3. Therefore, in view of the above facts and cir
