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
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NEUTRAL CITATION
R/CR.MA/8394/2026 ORDER DATED: 10/04/2026
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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
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NEUTRAL CITATION
R/CR.MA/8394/2026 ORDER DATED: 10/04/2026
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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 myPage 3 of 6
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NEUTRAL CITATIONR/CR.MA/8394/2026 ORDER DATED: 10/04/2026
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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,
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NEUTRAL CITATION
R/CR.MA/8394/2026 ORDER DATED: 10/04/2026
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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
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NEUTRAL CITATION
R/CR.MA/8394/2026 ORDER DATED: 10/04/2026
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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
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