Case Note & Summary
The present application was filed by the applicants (original accused) under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR being C.R. No.11215039230085 of 2023 registered with Virsad Police Station, Anand City for offences punishable under Sections 498-A, 323, 504, 506(2) and 114 of the Indian Penal Code, 1860. The dispute arose out of a matrimonial relationship between the parties. During the pendency of the application, the trial against accused Nos.1 to 3 resulted in acquittal, and the parties entered into a settlement. The complainant, respondent No.2, filed an affidavit confirming the settlement and her presence was noted by the court. The learned advocates for both sides submitted that the matter is settled and the trial against co-accused has resulted in acquittal. The court, after hearing the parties and considering the decisions of the Supreme Court in Gian Singh v. State of Punjab, Madan Mohan Abbot v. State of Punjab, Nikhil Merchant v. CBI, Manoj Sharma v. State, Narinder Singh v. State of Punjab, and Parbatbhai Aahir v. State of Gujarat, observed that the nature of disputes between the parties is private and further continuation of criminal proceedings would be unnecessary harassment to the applicants and would amount to abuse of process of law. Accordingly, the court quashed and set aside the impugned FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Inherent Powers - Section 482 CrPC - Settlement between parties - Where the dispute is private in nature and the parties have settled the matter, continuation of criminal proceedings would be an abuse of process of law, and the FIR can be quashed to secure the ends of justice (Paras 2-3).
B) Indian Penal Code - Matrimonial Offences - Sections 498-A, 323, 504, 506(2), 114 - Quashing on Settlement - The court considered that the trial against co-accused resulted in acquittal and the complainant affirmed the settlement, making further proceedings futile (Paras 2-3).
Issue of Consideration
Whether the FIR registered for offences under Sections 498-A, 323, 504, 506(2) and 114 of IPC should be quashed in light of settlement between the parties and acquittal of co-accused.
Final Decision
The impugned FIR being C.R. No.11215039230085 of 2023 registered with Virsad Police Station, Anand City and all consequential proceedings are quashed and set aside.
Law Points
- Quashing of FIR
- Settlement of matrimonial disputes
- Private nature of offences
- Abuse of process of law
- Inherent powers under Section 482 CrPC
Case Details
2026 LawText (GUJ) (03) 1041
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 5374 of 2023
Yash K Dave, Vishal K Anandjiwala, HCLS Committee, Neha C Shukla, Ronak Rawal
Hemilbhai Yogeshbhai Jayantibhai Sheth & Anr.
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Criminal miscellaneous application for quashing of FIR under Section 482 CrPC.
Remedy Sought
Quashing of FIR C.R. No.11215039230085 of 2023 registered with Virsad Police Station, Anand City for offences under Sections 498-A, 323, 504, 506(2) and 114 IPC.
Filing Reason
The applicants sought quashing of the FIR on the ground that the matter was settled between the parties and the trial against co-accused resulted in acquittal.
Previous Decisions
Trial against accused Nos.1 to 3 resulted in acquittal.
Issues
Whether the FIR should be quashed in light of settlement between the parties and acquittal of co-accused.
Whether continuation of criminal proceedings would be an abuse of process of law.
Submissions/Arguments
Learned advocates for the applicants submitted that the trial against accused Nos.1 to 3 resulted in acquittal and the matter is settled between the parties.
Learned advocate for respondent No.2 filed an affidavit confirming the settlement and the presence of the complainant was noted.
Ratio Decidendi
Where the dispute is private in nature and the parties have settled the matter, and the trial against co-accused has resulted in acquittal, further continuation of criminal proceedings would be an abuse of process of law and the FIR can be quashed under Section 482 CrPC to secure the ends of justice.
Judgment Excerpts
Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered by the Hon'ble Supreme Court... it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant.
Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside.
Procedural History
The application was filed on an unspecified date. During pendency, the trial against accused Nos.1 to 3 resulted in acquittal. The parties settled the matter, and the complainant filed an affidavit confirming the settlement. The court heard the parties on 20/03/2026 and quashed the FIR.
Acts & Sections
- Indian Penal Code, 1860: 498-A, 323, 504, 506(2), 114
- Code of Criminal Procedure, 1973: 482
