MAULIK MANHAR HIRPARA vs STATE OF GUJARAT
- Court
- Gujarat High Court
R/SCR.A/15251/2026 JUDGMENT DATED: 28/10/2026
(GJHC240802232026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
15251 of 2026
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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MAULIK MANHAR HIRPARA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR NV GANDHI(1693) for the Applicant(s) No. 1
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 Petitioner has preferred the instant petition under Article 226
& 227 of the Constitution of India read with Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, 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 & Judicial Magistrate First Class, Mendarda,
Dist. Junagadh (Annex.C), qua the Petitioner; AND
b) YOUR LORDSHIPS may be pleased to stay the
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R/SCR.A/15251/2026 JUDGMENT DATED: 28/10/2026
(GJHC240802232026)
further proceeding of the Criminal Case No. 31 of
2024, (Annex. C) pending before the Ld. Principal
Civil Judge & Judicial Magistrate First Class,
Mendarda, Dist. Junagadh, arising from the
impugned FIR (Annex. A) qua the Petitioner, 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. He seeks time
and is hereby granted one week’s time to file his vakalatnama 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 offenses 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
of 2024 was initiated. He submitted that the matter has now been
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amicably settled between the parties, i.e., petitioner and respondent
No.2 – complainant. In such circumstances, he prayed that the FIR as
well as all consequential proceedings arising therefrom qua the present
petitioner 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 petitioner 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 petitioner herein, as such contended that the captioned petition is
liable to be rejected.
7. Having considered the submissions of the learned counsels for
the parties and having gone through the records, it appears that FIR
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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 and
criminal proceedings were initiated. However, now the matter has been
amicably settled between the petitioner and respondent No.2.
Respondent No.2 – complainant has 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
consent by quashing impugned FIR and
proceeding thereof, as prayed for.”
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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
petitioner would be an unnecessary harassment to the petitioner.
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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