Gujarat High Court
Sarvjitsinh Prahladsinh Parmar vs State Of Gujarat on 9 April, 2026
NEUTRAL CITATION
R/CR.MA/8393/2026 ORDER DATED: 09/04/2026
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 8393
of 2026
==========================================================
SARVJITSINH PRAHLADSINH PARMAR & ORS.
Versus
STATE OF GUJARAT & ORS.
==========================================================
Appearance:
MR M. M. BUKHARI(12833) for the Applicant(s) No. 1,2,3
MR MANAN MAHETA, LD.ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 09/04/2026
ORAL ORDER
1. Learned advocate Mr.F.A.Memon appears and submits
that he has instructions to appear on behalf of the
respondents No.2 & 3 – father and mother of the original
complainant. He is permitted to file his appearance.
Registry shall accept his vakalatnama.
2. By way of preferring the present application under
Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023, the applicants- original accused seek to invoke the
inherent powers of this Court, praying to quash and set-
aside the First Information Report being
C.R.No.11206079220391 of 2022 registered with the Ladol
Police Station, Mahesana, for the offences punishable under
Sections 498(A), 323, 504, 506(2), 114 of the Indian Penal
Code and under Section 4 of the Dowry Prohibition Act; the
Page 1 of 10
Uploaded by DIPTI PATEL(HC00191) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:03:30 IST 2026
NEUTRAL CITATION
R/CR.MA/8393/2026 ORDER DATED: 09/04/2026
undefined
charge sheet as well as the proceedings of the Criminal Case
No.124 of 2023 pending before the learned Additional
Judicial Magistrate First Class at Vijapur, Mahesana, so
also all other consequential proceedings arising pursuant
thereto.
3. Learned advocate Mr.F.A.Memon appearing for the
respondent Nos.2 & 3 has submitted that original
complainant had passed away on 17.09.2023 and her Death
Certificate is annexed at Annexure “C”.
4. Today, when the matter is called out, father and
mother of the original complainant, who are personally
present before this Court, have produced their identity
proofs, which are ordered to be taken on record.
Respondents No.2 & 3 (parents of the original complainant)
have filed their affidavits, which are annexed as Annexure
“E” and “F” respectively to the application. In the affidavits,
the father and the mother of the complainant have
categorically stated that with the intervention of the friends,
family members and community people, the dispute
between them and the applicants- accused has been
amicably resolved and there is no ill-will or any grievance
amongst them. Therefore, they do not want to proceed
further with the criminal proceedings pursuant to the
impugned FIR and the Criminal Case against the present
applicants.
Page 2 of 10
Uploaded by DIPTI PATEL(HC00191) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:03:30 IST 2026
NEUTRAL CITATION
R/CR.MA/8393/2026 ORDER DATED: 09/04/2026
undefined
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
Maheta waives service of notice of rule for and on behalf of
the respondent no.1 – State and learned advocate
Mr.F.A.Memon waives service of notice of rule for and on
behalf of the respondents No.2 & 3.
7. Learned advocate for the applicants-accused has
submitted that since the dispute has been amicably
resolved between the parties, the application may be allowed
and the impugned FIR, the charge-sheet as well as the
proceedings of the criminal case may be quashed and set-
aside.
8. The father and the mother of the original complainant,
who are present in the Court, have categorically stated
before this Court that they have no objection if the
application is allowed and the impugned FIR; the charge-
sheet as well as the proceedings of the criminal case are
quashed and set-aside. Thus, it appears from the aforesaid
Page 3 of 10
Uploaded by DIPTI PATEL(HC00191) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:03:30 IST 2026
NEUTRAL CITATION
R/CR.MA/8393/2026 ORDER DATED: 09/04/2026
undefined
that sending the applicants-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 father of
the original complainant, read thus :
“1. I say that I am the Respondent No.2 in the
present proceedings and I am the biological father of
the deceased complainant herein. I am well
acquainted with the facts and circumstances of the
case and hence competent to swear this affidavit on
oath as under:
2. That my daughter namely Chetakben W/o. of
Sarvajitsinh Parmar has filed complainant being FIR
No. 11206079220391 of 2022 dated 16-09-2022
registered at Ladol Police Station, District Mahesana
for the offences punishable under Sections 498(A),
323, 504, 506(2), 114 of the Indian Penal Code And
Under Section 4 of the Dowry Prohibition Act, as well
as charge sheet which is culminated in to Criminal
Case No. 124 of 2023 which is pending before Add.
Judicial Magistrate First Class at Vijapur, District
Mahesana.
3. I say that during the pendency of the proceedings,
my daughter unfortunately expired due to natural
causes. After her demise, I, along with my wife
(Respondent No.3), being the parents of the deceased,
are her only legal heirs and representatives have
mutually amicably settled this disputes with
petitioners.
Page 4 of 10
Uploaded by DIPTI PATEL(HC00191) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:03:30 IST 2026
NEUTRAL CITATION
R/CR.MA/8393/2026 ORDER DATED: 09/04/2026
undefined
4. That with the intervention of community elders and
well- wishers, the matter has now been amicably
settled between me and the accused persons outside
the court. We have resolved all our differences, and I
have no surviving grievance or cause of action
against them.
5. I say that I have gone through the memo of petition
and the facts stated in the memo of petition are not
disputed by me. At the outset, I say and submit that
the disputes and grievances have been amicably
settled with the petitioners dispute is amicably
settled between us and I also say and submits that,
thus no grievances are left against the petitioners.
6. I realized the nature of hardship and
inconvenience, socially and mentally, it will cause to
both the sides, if the criminal proceedings continue
and both side are subjected to rigours of criminal
trial, it will immensely affect our future prospects of
better life and considering such, it would affect our
future life and therefore in the interest of justice
present petitioners may be set free from all the
charges in the interest of justice.
7. That I do not wish to proceed further with the
above FIR or any criminal case arising out of it. I
state that the dispute was personal and private in
nature and continuing the proceedings would only
cause unnecessary hardship and tension among
family members.
8. That I have no objection if the Hon’ble High Court
is pleased to quash the FIR and all criminal
proceedings arising therefrom against the above-
Page 5 of 10
Uploaded by DIPTI PATEL(HC00191) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:03:30 IST 2026
NEUTRAL CITATION
R/CR.MA/8393/2026 ORDER DATED: 09/04/2026
undefined
named accused persons. That I am executing this
affidavit voluntarily, without any coercion, pressure,
or undue influence from any corner, and out of my
own free will, in the interest of peace and harmony.
9. In the facts and circumstances as narrated above,
I at my free will, wish, desire am stating on oath that
I do not wish the present petitioner remains in
judicial custody and to prosecute the criminal
proceeding as dispute between us have been
amicably settled, I state that That my daughter
namely Chetakben W/o. of Sarvajitsinh Parmar has
filed complainant being FIR. No. 11206079220391 of
2022 dated 16-09-2022 registered at Ladol Police
Station, District Mahesana for the offences
punishable under Sections 498(A), 323, 504, 506(2),
114 of the Indian Penal Code And Under Section 4 of
the Dowry Prohibition Act, as well as charge sheet
which is culminated in to Criminal Case No. 124 of
2023 which is pending before Add. Judicial
Magistrate First Class at Vijapur, District Mahesana
As Well as all the consequential proceedings, arise
out of it may quashed and set aside by this hon’ble
court. The present Petitioner may be released and set
free from all proceedings the interest of justice.”
10. The relevant paragraphs of the affidavit of the mother
of the original complainant, read thus :
“1. I say that I am the Respondent No.3 in the
present proceedings and I am the biological Mother of
the deceased complainant herein. I am well
acquainted with the facts and circumstances of the
case and hence competent to swear this affidavit onPage 6 of 10
Uploaded by DIPTI PATEL(HC00191) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:03:30 IST 2026
NEUTRAL CITATIONR/CR.MA/8393/2026 ORDER DATED: 09/04/2026
undefined
oath as under:
2. That My daughter namely Chetakben W/o. of
Sarvajitsinh Parmar has filed complainant being FIR.
No. 11206079220391 of 2022 dated 16-09-2022
registered at Ladol Police Station, District Mahesana
for the offences punishable under Sections 498(A),
323, 504, 506(2), 114 of the Indian Penal Code And
Under Section 4 of the Dowry Prohibition Act, as well
as charge sheet which is culminated in to Criminal
Case No. 124 of 2023 which is pending before Add.
Judicial Magistrate First Class at Vijapur, District
Mahesana.
3. I say that during the pendency of the proceedings,
my daughter unfortunately expired due to natural
causes. After her demise, I, along with my Husband
(Respondent No.2), being the parents of the deceased,
are her only legal heirs and representatives have
mutually amicably settled this disputes with
petitioners.
4. That with the intervention of community elders and
well- wishers, the matter has now been amicably
settled between me and the accused persons outside
the court. We have resolved all our differences, and I
have no surviving grievance or cause of action
against them.
5. I say that I have gone through the memo of petition
and the facts stated in the memo of petition are not
disputed by me. At the outset, I say and submit that
the disputes and grievances have been amicably
settled with the petitioners dispute is amicably
settled between us and I also say and submits that,
thus no grievances are left against the petitioners.
Page 7 of 10
Uploaded by DIPTI PATEL(HC00191) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:03:30 IST 2026
NEUTRAL CITATION
R/CR.MA/8393/2026 ORDER DATED: 09/04/2026
undefined
6. I realized the nature of hardship and
inconvenience, socially and mentally, it will cause to
both the sides, if the criminal proceedings continue
and both side are subjected to rigours of criminal
trial, it will immensely affect our future prospects of
better life and considering such, it would affect our
future life and therefore in the interest of justice
present petitioners may be set free from all the
charges in the interest of justice.
7. That I do not wish to proceed further with the
above FIR or any criminal case arising out of it. I
state that the dispute was personal and private in
nature and continuing the proceedings would only
cause unnecessary hardship and tension among
family members.
8. That I have no objection if the Hon’ble High Court
is pleased to quash the FIR and all criminal
proceedings arising therefrom against the above-
named accused persons. That I am executing this
affidavit voluntarily, without any coercion, pressure,
or undue influence from any corner, and out of my
own free will, in the interest of peace and harmony.
9. In the facts and circumstances as narrated above,
I at my free will, wish, desire am stating on oath that
I do not wish the present petitioner remains in
judicial custody and to prosecute the criminal
proceeding as dispute between us have been
amicably settled, I state that That my daughter
namely Chetakben W/o. of Sarvajitsinh Parmar has
filed complainant being FIR. No. 11206079220391 of
2022 dated 16-09-2022 registered at Ladol Police
Station, District Mahesana for the offences
punishable under Sections 498(A), 323, 504, 506(2),
114 of the Indian Penal Code And Under Section 4 of
the Dowry Prohibition Act, as well as charge sheet
Page 8 of 10
Uploaded by DIPTI PATEL(HC00191) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:03:30 IST 2026
NEUTRAL CITATION
R/CR.MA/8393/2026 ORDER DATED: 09/04/2026
undefined
which is culminated in to Criminal Case No. 124 of
2023 which is pending before Add. Judicial
Magistrate First Class at Vijapur, District Mahesana
As Well as all the consequential proceedings, arise
out of it may quashed and set aside by this hon’ble
court. The present Petitioner may be released and set
free from all proceedings the interest of justice.”
11. 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.,
reported in 2009 (1) GLH 190 and 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, the
charge-sheet as well as the criminal case against the
applicants-accused would be an unnecessary harassment to
the applicants-accused. It further appears that the trial
would be a futile exercise and further continuing with the
proceedings pursuant to the impugned FIR, the charge-
sheet as well as the criminal case would amount to abuse of
process of law. Hence, to secure the ends of justice, the
Page 9 of 10
Uploaded by DIPTI PATEL(HC00191) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:03:30 IST 2026
NEUTRAL CITATION
R/CR.MA/8393/2026 ORDER DATED: 09/04/2026
undefined
impugned FIR, the charge-sheet as well as the proceedings
of the criminal case, 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 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
12. In the result, the application is allowed. The First
Information Report being C.R.No.11206079220391 of 2022
registered with the Ladol Police Station, Mahesana, for the
offences punishable under Sections 498(A), 323, 504,
506(2), 114 of the Indian Penal Code and under Section 4
of the Dowry Prohibition Act; the charge sheet as well as the
proceedings of the Criminal Case No.124 of 2023 pending
before the learned Additional Judicial Magistrate First Class
at Vijapur, Mahesana, so also all other consequential
proceedings arising pursuant thereto, are hereby ordered to
be quashed and set-aside qua the present applicants.
13. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DIPTI PATEL
Page 10 of 10
Uploaded by DIPTI PATEL(HC00191) on Fri Apr 10 2026 Downloaded on : Sat Apr 11 02:03:30 IST 2026