KAMLESH BHANWARLAL AGRAWAL & Ors. v. STATE OF GUJARAT & Anr.

CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 26/09/2025 ORAL ORDER

Special Criminal Application No.10572 of 2021 is filed to quash proceedings initiated under Domestic Violence Act being CRMA J.No.747 of 2020 pending before the learned Metropolitan Magistrate Court, Ahmedabad.

Special Criminal Application No.3092 of 2020 is filed seeking quashment of FIR being C.R.No.III-11191035201014 of 2020 registered with Naroda Police Station for the offence under section 323, 498A, 506(2), 114 of IPC and under section 3 and 7 of the Dowry Prohibition Act. All office objections are waived except insufficiency of Court fees. The petitioner is hereby directed to see that the office objection regarding insufficiency of Court fees is removed on or before one week from today.

At the outset, learned advocate Mr.Pathak for the petitioners submit that petitioner – Draupadi Devi Banwarilal Agrawal has expired on 12.02.2024. He placed on record death R/SCR.A/10572/2021 ORDER DATED: 26/09/2025 certificate, which is taken on record. Accordingly, both the petitions stand abated qua petitioner – Draupadi Devi Banwarilal Agrawal.

Private respondent - Priya Agarwal places on record affidavit. She has verified contents of the affidavit. She has appeared through online along with her learned advocate Mr.Lalani. Affidavit indicates that in Family Suit, learned Family Court has passed consent decree under section 13(B) of the Hindu Marriage Act and also decided the issue of custody of minor between husband and wife. Private respondent has also stated that she has no objection if proceedings under Domestic Violence Act and FIR filed by her is quashed. Considering the affidavit filed by complainant, it appears that she does not want to proceed further with the complaint filed under Domestic Violence Act and FIR filed under section 498(A) as complainant and her husband have departed from matrimonial life and buried their dispute inter-se. Affidavit filed in both the petitions are taken on record.

Having heard the learned counsel for the respective parties, considering the facts and circumstances arising out of the present application as well as 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 R/SCR.A/10572/2021 ORDER DATED: 26/09/2025 & Anr. reported in 2014 (2) Crime 67 (SC) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that further continuation of criminal proceedings in relation to the impugned FIR and complaint under Domestic Violence Act against the petitioners would be unnecessary harassment to the petitioners. 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 Court and hence, to secure the ends of justice, the impugned FIR and other consequential proceedings are required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.

In the result, both the petitions are allowed. Impugned FIR being C.R.No.III-11191035201014 of 2020 registered with Naroda Police Station as well as complaint being CRMA.J.No.747 of 2020 pending before the learned Metropolitan Magistrate Court, Ahmedabad initiated Domestic Violence Act as well as all other consequential proceedings arising out of the same are hereby quashed and set aside qua the petitioners except petitioner – Draupadi Devi Banwarilal Agrawal. Rule is made absolute. Direct service is permitted. SATISH (J. C. DOSHI,J) Original copy of this order has been signed by the Hon'ble Judge.