Gujarat High Court
Hemlataben Badriprasad Bansilal ... vs State Of Gujarat on 10 April, 2026
NEUTRAL CITATION
R/CR.MA/8394/2026 ORDER DATED: 10/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 8394 of 2026
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HEMLATABEN BADRIPRASAD BANSILAL VAISHNAV
Versus
STATE OF GUJARAT & ANR.
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Appearance:
S M KIKANI(7596) for the Applicant(s) No. 1
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 10/04/2026
ORAL ORDER
1. Leave to amend is granted. Necessary amendment to be carried out forthwith.
2. Learned advocate Mr. Dhanraj A. Mori 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 as and when the same is filed.
3. 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 II - C.R. No. 804 of 2019 registered with the Page 1 of 6 Uploaded by AMAR SINGH(HC01081) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:29:13 IST 2026 NEUTRAL CITATION R/CR.MA/8394/2026 ORDER DATED: 10/04/2026 undefined Navsari Town Police Station, District Navsari, for the offences punishable under Sections 323, 504 of the Indian Penal Code and under Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015; the chargesheet; the judgment and order of the conviction and sentence dated 27.04.2022 passed by the learned Chief Judicial Magistrate, Navsari, in Criminal Case No.503 of 2020, as well as the proceedings of the Criminal Appeal No. 30 of 2022 pending in the Court of the learned Principal District and Sessions Judge, Navsari, so also all other consequential proceedings arising pursuant thereto.
4. Today, when the matter is called out, the complainant is personally present before this Court. The complainant has also filed an affidavit, which is annexed at Annexure 'F' to the application. In the said affidavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute with the present applicant 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 Mr. Manan Page 2 of 6 Uploaded by AMAR SINGH(HC01081) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:29:13 IST 2026 NEUTRAL CITATION R/CR.MA/8394/2026 ORDER DATED: 10/04/2026 undefined Maheta waives service of notice of rule for and on behalf of the respondent no.1 - State and learned advocate Mr. Dhanraj A. Mori 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; the chargesheet; the judgment and order of the conviction and sentence passed in Criminal Case No.503 of 2020, as well as the proceedings of the Criminal Appeal, may be quashed and set- aside.
8. The complainant, who is personally 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 chargesheet; the judgment and order of the conviction and sentence passed in Criminal Case No.503 of 2020, as well as the Criminal Appeal, are 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 filed by the complainant - Kusumben Badriprasad Vaishnav, read thus :
"3. I say that petitioner herein is my step mother whereas myself, my younger sister and my father were residing together with petitioner at the address mentioned, however, due to matrimonial disputes between my mother-petitioner and my Page 3 of 6 Uploaded by AMAR SINGH(HC01081) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:29:13 IST 2026 NEUTRAL CITATION R/CR.MA/8394/2026 ORDER DATED: 10/04/2026 undefined father, we get separated and since then residing with my father. I say that recently meeting took place between my parents wherein it has been decided that both will get separated by taking mutual divorce whereas all ongoing litigations between us will be withdrawn mutually by both side resultantly which I have also agreed to support present petition. That we have also executed a memorandum of understanding to that effect wherein my parents as also myself and my younger sister have agreed to the terms of such settlement. Now, as the dispute has been settled between the petitioner and me. I do not wish to continue with the criminal proceedings. Now both the parties are, though, having good and harmonious relations, decided to live separately and peacefully by ending all litigations and during all these years, no untoward incident has happened between us. In view of amicable settlement and as per terms of settlement deed dated 30.01.2026, I agreed to support the petitioner in respect of prosecution initiated against the petitioner on the basis of impugned FIR.
4. In the facts and circumstances as narrated above, I at my free will, wish and desire am stating on oath that I do not wish to prosecute the criminal proceedings with petitioner as the dispute between us has been amicably settled. I state that the complaint filed by me being impugned FIR being CR. No.II-804 of 2019 registered with Navsari Town Police Station, Navsari at Annexure-A, Charge Sheet being Charge Sheet No. 874/2019 at Annexure-B and order of conviction dated 27.04.2022 passed by Ld. Chief Judicial Magistrate, Navsari in Criminal Case No 503/2020 at Annexure-C and all proceedings arising therefrom may be quashed in the interest of justice."
10. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another, 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 & Another, reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others, reported in (2009) 1 GLH 190, Page 4 of 6 Uploaded by AMAR SINGH(HC01081) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:29:13 IST 2026 NEUTRAL CITATION R/CR.MA/8394/2026 ORDER DATED: 10/04/2026 undefined and Narinder Singh & Others vs. State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it appears that further continuation of the criminal proceedings in relation to the impugned FIR; the chargesheet; the judgment and order of the conviction and sentence passed in Criminal Case No.503 of 2020, as well as the Criminal Appeal, against the applicant-accused would be nothing but unnecessary harassment to the applicant-accused. It further appears that the trial would be a futile exercise and continuing further with the proceedings pursuant to the impugned FIR; the chargesheet; the judgment and order of the conviction and sentence passed in Criminal Case No.503 of 2020, as well as the Criminal Appeal would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR; the chargesheet; the judgment and order of the conviction and sentence passed in Criminal Case No.503 of 2020, as well as the proceedings of the Criminal Appeal, so also all other consequential proceedings arising pursuant thereto are required to be quashed and set- aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
11. In the result, the application is allowed. The First Information Report being II - C.R. No. 804 of 2019 registered with the Navsari Town Police Station, District Navsari, for the offences punishable under Sections 323, 504 of the Indian Penal Code and under Section 75 of Juvenile Justice (Care and Page 5 of 6 Uploaded by AMAR SINGH(HC01081) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:29:13 IST 2026 NEUTRAL CITATION R/CR.MA/8394/2026 ORDER DATED: 10/04/2026 undefined Protection of Children) Act, 2015; the chargesheet; the judgment and order of the conviction and sentence dated 27.04.2022 passed by the learned Chief Judicial Magistrate, Navsari, in Criminal Case No.503 of 2020, as well as the proceedings of the Criminal Appeal No. 30 of 2022 pending before the learned Principal District and Sessions Judge, Navsari, so also all other consequential proceedings arising pursuant thereto are hereby ordered to be quashed and set- aside, qua the present applicant only.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J) AMAR SINGH Page 6 of 6 Uploaded by AMAR SINGH(HC01081) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:29:13 IST 2026