High Court Quashes FIR in Dowry Harassment Case, Citing Amicable Settlement Between Parties”

In a significant ruling, the High Court of Gujarat, led by Honourable Mr. Justice Hasmukh D. Suthar, has quashed an FIR in a dowry harassment case, underscoring the importance of amicable resolution in marital disputes. The case titled Vikas Dineshbhai Sukhadiya versus State of Gujarat involved allegations under Sections 498A, 323, 294(b), and 114 of the IPC and Sections 3 and 7 of the Dowry Prohibition Act 1860.

During the proceedings on January 25, 2024, it was brought to the court’s attention that both parties had resolved their differences amicably. The original complainant filed an affidavit stating no objection to quashing the proceedings. Emphasizing the resolution, Justice Suthar observed, “the further continuation of criminal proceedings against the applicant/s in relation to the impugned FIR would cause unnecessary harassment to the applicant/s” (Para 8).

The court relied on the principles established in several Supreme Court rulings, including Abhishek vs. State of Madhya Pradesh and Preeti Gupta vs. State of Jharkhand, to determine the appropriateness of quashing the FIR under Section 482 of the Cr.P.C. The court noted, “The inherent power should not be exercised to stifle a legitimate prosecution” (Para 9), highlighting the necessity of careful judicial discretion in such matters.

The decision to quash the FIR and all consequential proceedings was based on the mutual settlement, which rendered the continuation of the trial a futile exercise. The court, in its wisdom, decided to secure the ends of justice by allowing the application under Section 482 of the Cr.P.C., thereby quashing FIR No. 11191008220309 of 2022 and Criminal Case No. 5372 of 2022.

Date of Decision: 25/01/2024

VIKAS DINESHBHAI SUKHADIYA VERSUS  STATE OF GUJARAT