JAYABEN @ JALPABEN WD/O MANHARBHAI JERAMBHAI HIRPARA vs STATE OF GUJARAT

R/SCR.A/6476/2024 JUDGMENT DATED: 28/10/2026
(GJHC240335342024)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 6476 of 2024

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No
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JAYABEN @ JALPABEN WD/O MANHARBHAI JERAMBHAI HIRPARA &
ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NV GANDHI(1693) for the Applicant(s) No. 1,2,3
MR. R.D.KINARIWALA(6146) for the Respondent(s) No. 2
MR. DHAWAN JAISWAL, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 28/10/2026

JUDGMENT
1. The Petitioners have preferred the instant petition under Article
226 & 227 of the Constitution of India read with Section 482 of the
Code of Criminal Procedure, 1973, seeking the following reliefs:-
a) YOUR LORDSHIPS may be pleased to quash and set
aside the impugned FIR registered on dtd.
06.09.2023, bearing C.R. No.
11203039230278/2023, for the offences punishable
u/s. 323,498A,504,506(2) r/w. 114 of IPC (Annex. A)
& Charge-Sheet filed therein (Annex. B), registered
with Mendarda Police Station, Dist. Junagadh, and
proceedings of the Criminal Case No. 31 of 2024,
pending before the Ld. Principal Civil Judge &
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R/SCR.A/6476/2024 JUDGMENT DATED: 28/10/2026
(GJHC240335342024)
Judicial Magistrate First Class, Mendarda, Junagadh
Dist. qua the Petitioners; AND
b) YOUR LORDSHIPS may be pleased to stay the
further proceeding of the Criminal Case No. 31 of
2024, pending before the Ld. Principal Civil Judge &
Judicial Magistrate First Class, Mendarda, Dist.
Junagadh, arising from the impugned FIR (Annex. A)
qua the Petitioners, pending herein and final disposal
of this petition; AND
c) YOUR LORDSHIPS may be pleased to grant ad-
interim relief in terms of Para (B); AND
d) YOUR LORDSHIPS may be pleased to grant any
other and further relief(s) under the facts and
circumstances of this case;
2. Issue Rule to the respondents, returnable forthwith. Learned APP,
Mr. Dhawan Jaiswal accepts and waives service of Rule on behalf of
respondent No.1 - State. Learned advocate, Mr. R D Kinariwala accepts
and waives service of Rule on behalf of respondent No.2. Respondent
No.2 – Ms. Diyaben @ Daya @ Divya is present before this Court and
she has been duly identified by her advocate.
3. Heard learned counsel for the parties.
4. Learned counsel for the petitioners submitted that FIR being C.R.
No. 11203039230278/2023 came to filed for the offences punishable
under Sections 323, 498A, 504, 506(2) r/w. 114 of IPC. The said FIR
was registered with Mendarda Police Station, Dist. Junagadh. Pursuant
to that Charge-Sheet was filed, and proceedings of Criminal Case No.31
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R/SCR.A/6476/2024 JUDGMENT DATED: 28/10/2026
(GJHC240335342024)
of 2024 was initiated. He submitted that the matter has now been
amicably settled between the parties, i.e., petitioners and respondent
No.2 – complainant. In such circumstances, he prayed that the FIR as
well as all consequential proceedings arising therefrom qua the present
petitioners be quashed and set aside. In support of his contentions, he
has relied upon the judgments of the Hon’ble Apex Court 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) as well as State of Haryana Vs.
Bhajanlal reported in AIR 1992 SC 604.
5. In response, respondent No.2/original complainant appearing in
person along with his counsel, has filed the consent affidavit. The same
is taken on record. She submitted that the matter has now been
amicably settled. In view thereof, she submitted that she has no
objections if the impugned FIR as well as all consequential proceedings
arising therefrom qua the present petitioners is quashed and set aside.
6. Per contra, learned APP appearing for respondent No.1 – State
vehemently argued that serious allegations has been levelled against
the petitioners herein, as such contended that the captioned petition is
liable to be rejected.
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R/SCR.A/6476/2024 JUDGMENT DATED: 28/10/2026
(GJHC240335342024)
7. Having considered the submissions of the learned counsels for
the parties and having gone through the records, it appears that FIR
being C.R. No. 11203039230278/2023 came to filed for the offenses
punishable u/s. 323, 498A, 504, 506(2) r/w. 114 of IPC. The said FIR
was registered with Mendarda Police Station, Dist. Junagadh. However,
now the matter has been amicably settled between the petitioners and
respondent No.2. Respondent No.2 – complainant has filed also filed
her consent affidavit, thereby admitting the settlement. Para Nos.2 & 3
of the said affidavit reads thus:-
“2. I respectfully say that, matrimonial disputes
have been settled amicably. I say that, we have
decided to terminate the marriage tie by filing
consent divorce petition before the competent
court. Thus, grievances of the impugned FIR
would not survive in view of the said amicable
settlement. I have therefore voluntarily under my
free will decided not to prosecute the Petitioner. I
wish and pray that, the precious time of the
Hon'ble Court may not be wasted in a matter
which has already been compromised and
therefore the impugned FIR, charge-sheet filed
therein and to terminate the proceedings of the
Criminal Case No. 31 of 2024, pending before the
Ld. Principal Civil Judge & Judicial Magistrate First
Class, Mendarda, Dist. Junagadh against the
present Petitioner may kindly be quashed.
3. I respectfully say and submit that, I have given
my aforesaid consent voluntarily without there
being any threat or pressure to me or any other
persons and therefore I would request this Hon'ble
Court to allow this petition while recording my
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R/SCR.A/6476/2024 JUDGMENT DATED: 28/10/2026
(GJHC240335342024)
consent by quashing impugned FIR and
proceeding thereof, as prayed for.”
8. Thus, in view of the settlement affidavit and also taking into
consideration the decisions rendered in the cases of Gian Singh
(supra), Madan Mohan Abbot (supra), Nikhil Merchant (supra),
Manoj Sharma (supra), Narinder Singh (supra) as well as
Bhajanlal (supra), I am of the view that continuing further with the
criminal proceedings in relation to the impugned FIR against the
petitioners would be an unnecessary harassment to the petitioners.
Further trial would be a futile exercise and continuing with the criminal
proceedings pursuant to the impugned FIR and the Criminal Case would
amount to abuse of process of law. Hence, to secure the ends of
justice, the impugned FIR as well as the proceedings of the Criminal
Case, and all other consequential proceedings arising therefrom are
required to be quashed and set aside.
9. Thus, considering the overall submissions and the fact that the
parties have amicably settled the dispute, present petition stands
allowed. As such, the impugned FIR being C.R. No.
11203039230278/2023 and criminal case No. 31 of 2024, as well as all
consequential proceedings arising therefrom qua the present petitioners
is hereby quashed and set aside.
10. Direct service is permitted. Rule is made absolute accordingly.
(MOOL CHAND TYAGI, J)
ARUN
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