Gujarat High Court
Ridhima W/O Kapil Bhatia vs State Of Gujarat on 17 February, 2026
NEUTRAL CITATION
R/CR.MA/4955/2023 ORDER DATED: 17/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 4955 of 2023
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RIDHIMA W/O KAPIL BHATIA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VIRAT G POPAT(3710) for the Applicant(s) No. 1
MR PRATIK G ADVANI(10574) for the Respondent(s) No. 2
MS ASMITA PATEL, LD.ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 17/02/2026
ORAL ORDER
1. Learned advocate Mr.Pratik G. Advani submits that he has instructions to appear on behalf of the respondent no.2
- complainant. Registry shall accept his vakalatnama.
2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report being C.R.No.11191033230122 of 2023 registered with the Meghaninagar Police Station, Ahmedabad city, for the offences punishable under Sections 498-A, 323, 294(b), 506(2), 114 of the Indian Penal Code and under Sections 3 and 7 of the Dowry Prohibition Act, as well as all other consequential proceedings arising pursuant thereto.
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3. Today, when the matter is called out, learned advocate Mr.Virat Popat appearing for the applicant has submitted that initially the matter was filed on merits, however, during the pendency of the same, the parties have arrived at the amicable settlement.
4. The complainant is personally present before this Court and she has tendered an affidavit dated 17.02.2026. The same is ordered to be taken on record. She has admitted the contents of the affidavit and submitted that the matter is settled between her and the applicant. In the affidavit filed by the complainant, she has categorically stated that with the intervention of the friends, family members and community people, the dispute between her and the applicant-accused has been amicably resolved and there is no ill-will or any grievance amongst them.
5. 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.
6. RULE returnable forthwith. Learned APP Ms.Asmita Patel waives service of notice of rule for and on behalf of the Page 2 of 6 Uploaded by DIPTI PATEL(HC00191) on Wed Feb 18 2026 Downloaded on : Sat Mar 14 02:50:21 IST 2026 NEUTRAL CITATION R/CR.MA/4955/2023 ORDER DATED: 17/02/2026 undefined respondent no.1 - State and learned advocate Mr.Pratik G. Advani waives service of notice of rule for and on behalf of the respondent no.2 - complainant.
7. Learned advocate for the applicant-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.
8. 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 applicant-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law.
9. The relevant paragraphs of the affidavit of the complainant, read thus :
"1. I state that I am the original complainant in the present application filed by the applicant(s).
2. I state that due to the intervention of respected members of society and family, a mutual understanding has been arrived at between me and the applicant(s) in respect of the FIR registered against them. I now have no grievance against the applicant(s).Page 3 of 6 Uploaded by DIPTI PATEL(HC00191) on Wed Feb 18 2026 Downloaded on : Sat Mar 14 02:50:21 IST 2026
NEUTRAL CITATION R/CR.MA/4955/2023 ORDER DATED: 17/02/2026 undefined
3. I state that the dispute has been amicably settled between us, and I and my husband have mutually agreed to live separately and pursue our lives as per our own wishes and well-being.
4. I state that as part of the settlement, the applicant(s) have agreed to pay me a sum of ₹18,00,000/- (Rupees Eighteen Lakhs only) as permanent alimony. It is mutually agreed that the said amount shall be deposited by the husband before concerned family court and the said amount will be disbursed in favour of wife namely Nikita paid upon completion of all proceedings. I further state it is mutually agreed between the parties that applicants shall give all the valuables, clothes and all other things/belongings to me during of the second motion of the proceeding for mutual divorce.
5. I state that I have filed certain applications and suits, namely CR.MA/1385 / 2023 under the Domestic Violence Act, CRMA 1553/ 2024 under Section 93 of CrPC, and FSUIT / 1055 / 2023 before the concerned Family Court. These matters are pending and shall be withdrawn by me before completion of mutual divorce proceedings. I further state that FSUIT 3772 of 2025 for mutual divorce is already filed and listed on 03/01/2026.
6. I state that I have no objection if the FIR vide 11191033230122 of 2023 registered before Meghaninagar Police Station, Ahmedabad, for alleged offences under section 498-A, 323, 294(b), 506(2) and 114 Indian Penal Code and section 3 and 7 of Dowry Act, and all prior and subsequent proceedings Page 4 of 6 Uploaded by DIPTI PATEL(HC00191) on Wed Feb 18 2026 Downloaded on : Sat Mar 14 02:50:21 IST 2026 NEUTRAL CITATION R/CR.MA/4955/2023 ORDER DATED: 17/02/2026 undefined against the applicant(s), are quashed and set aside. I undertake to cooperate in filing necessary affidavits and appearing before the Hon'ble Court for the same.
7. I state that I shall not initiate any civil, criminal, or other legal proceedings against the applicant(s) in respect of the present dispute or any matter arising out of the matrimonial relationship, except for enforcement of this settlement.
8. I also state and confirm that the agreed amount of ₹18,00,000/- constitutes full and final settlement of all claims including maintenance, alimony, dowry, and any other monetary or non- monetary claims.
9. I indemnify and hold harmless the applicant(s) from any future claims, demands, or actions by me or any person claiming through me in respect of the matrimonial relationship.
10.I declare that this affidavit and settlement are executed voluntarily, without any coercion, undue influence, or misrepresentation."
10. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., Page 5 of 6 Uploaded by DIPTI PATEL(HC00191) on Wed Feb 18 2026 Downloaded on : Sat Mar 14 02:50:21 IST 2026 NEUTRAL CITATION R/CR.MA/4955/2023 ORDER DATED: 17/02/2026 undefined reported in 2009 (1) GLH 190, Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) and State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that continuing further with the criminal proceedings in relation to the impugned FIR against the applicant-accused would be an unnecessary harassment to the applicant-accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and all other consequential proceedings are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
11. In the result, the application is allowed. The proceedings of the First Information Report being C.R.No.11191033230122 of 2023 registered with the Meghaninagar Police Station, Ahmedabad city, for the offences punishable under Sections 498-A, 323, 294(b), 506(2), 114 of the Indian Penal Code and under Sectiond 3 and 7 of the Dowry Prohibition Act, as well as all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) DIPTI PATEL Page 6 of 6 Uploaded by DIPTI PATEL(HC00191) on Wed Feb 18 2026 Downloaded on : Sat Mar 14 02:50:21 IST 2026