Case Note & Summary
The applicant, Reenaben Vipul Patar, who is the sister-in-law (derani) of the complainant, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No.11208001220123 of 2022 registered at Mahila Police Station, Rajkot city, for offences under Sections 498A, 504, and 114 of the Indian Penal Code. The applicant was arraigned as accused no.7. A Coordinate Bench of the High Court had earlier stayed the proceedings against the applicant on 06.03.2024. During the pendency of the trial, a settlement took place between the parties. The complainant, in her evidence before the trial court at Exh.22, stated that due to trivial household chores, she had to file the FIR and that she had no objection if the proceedings against the applicant were quashed. The investigating agency had filed a charge-sheet against other co-accused, but no specific role was attributed to the applicant. The Court considered the submissions of the learned advocate for the applicant and the learned APP. The Court observed that the complainant had turned hostile and supported the applicant, and that the dispute was essentially a matrimonial dispute which had been amicably settled. The Court held that continuing the proceedings against the applicant would be an abuse of the process of law and a waste of judicial time. Accordingly, the Court allowed the application and quashed the FIR and all consequential proceedings against the applicant.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - The applicant, sister-in-law of the complainant, sought quashing of FIR for offences under Sections 498A, 504, 114 IPC. The Court held that where the complainant has settled the dispute and given evidence supporting the applicant, and no specific allegations are made against the applicant, continuation of proceedings would be an abuse of process. (Paras 3-7)
B) Indian Penal Code - Dowry Harassment - Section 498A IPC - Quashing - The Court noted that the complainant in her evidence stated that the FIR was filed due to trivial household chores and that she had no objection to quashing. The Court held that in the absence of specific allegations and in view of settlement, the FIR is liable to be quashed. (Paras 4-6)
Issue of Consideration
Whether the FIR and subsequent proceedings against the applicant (sister-in-law) should be quashed under Section 482 CrPC in light of settlement between parties and absence of specific allegations.
Final Decision
Application allowed. FIR No.11208001220123 of 2022 registered at Mahila Police Station, Rajkot city and all consequential proceedings arising therefrom are quashed and set aside qua the applicant. Rule made absolute.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Abuse of process of law
- Settlement between parties
- Lack of specific allegations
- Matrimonial dispute
Case Details
2026 LawText (GUJ) (02) 1043
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 23945 of 2022
Maitri P. Patel for applicant, Manan Maheta for respondent no.1
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Nature of Litigation
Criminal miscellaneous application for quashing of FIR under Section 482 CrPC
Remedy Sought
Quashing of FIR No.11208001220123 of 2022 and all consequential proceedings
Filing Reason
Applicant, sister-in-law of complainant, was arraigned as accused no.7 in FIR for offences under Sections 498A, 504, 114 IPC; she sought quashing on grounds of settlement and lack of specific allegations.
Previous Decisions
Coordinate Bench of High Court stayed proceedings against applicant on 06.03.2024; charge-sheet filed against other co-accused.
Issues
Whether the FIR and proceedings against the applicant should be quashed under Section 482 CrPC in view of settlement and absence of specific allegations?
Submissions/Arguments
Learned advocate for applicant submitted that settlement took place between parties and complainant in her evidence stated that FIR was due to trivial household chores and she had no objection to quashing.
Learned APP submitted that the investigating agency had filed charge-sheet against other co-accused but no specific role was attributed to the applicant.
Ratio Decidendi
Where the complainant has settled the dispute and turned hostile, and no specific allegations are made against the applicant, continuation of criminal proceedings would be an abuse of the process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
Learned advocate Ms.Patel has further submitted that after the investigation, the police had filed the charge-sheet against the other co-accused, who are not before this Court.
She has also submitted that during the pendency of the trial, settlement took place between the parties, and the complainant, in her evidence at Exh.22, has specifically stated before the trial court that due to trivial household chores, she had to file the FIR and she has no objection if the proceedings against the present applicant are quashed.
In view of the aforesaid submissions and considering the fact that the complainant has turned hostile and supported the case of the applicant, this Court is of the opinion that the continuation of the proceedings against the present applicant would be nothing but an abuse of process of law and waste of judicial time.
Procedural History
FIR No.11208001220123 of 2022 was lodged at Mahila Police Station, Rajkot city. Applicant filed Criminal Misc. Application under Section 482 CrPC for quashing. Coordinate Bench stayed proceedings on 06.03.2024. Charge-sheet filed against other co-accused. During trial, settlement took place and complainant gave evidence at Exh.22 supporting applicant. Present judgment dated 27.02.2026 quashes FIR against applicant.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 498A, 504, 114
