Gujarat High Court
Rameshbhai Nanubhai Bharvad vs State Of Gujarat on 24 April, 2025
NEUTRAL CITATION
R/CR.MA/8196/2025 ORDER DATED: 24/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 8196 of 2025
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RAMESHBHAI NANUBHAI BHARVAD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR M.SHOYEB I MANSURI(11774) for the Applicant(s) No. 1
MR SS SAIYED(3690) for the Applicant(s) No. 1
MR. ROHAN SHAH, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 24/04/2025
ORAL ORDER
1. Rule returnable forthwith. Mr. Shah, the learned Additional Public Prosecutor, waives service of notice of rule for and on behalf of the respondent No.1-State of Gujarat. Mr. M.S. Padaliya, the learned advocate, has entered appearance on behalf of the respondent No.2-original complainant and waives service of notice of rule.
2. By this application under section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023, the petitioners seek to invoke the inherent powers of this court, praying for quashing of the order dated 19.12.2024 passed by the learned Addl. Judicial Magistrate, First Class, Ahmedabad (Rural) in Criminal Case No.14894 of 2022 on the ground that there has been an amicable settlement between the parties and the respondent No.2-original complainant is no longer desirous of prosecuting Page 1 of 4 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 00:35:47 IST 2025 NEUTRAL CITATION R/CR.MA/8196/2025 ORDER DATED: 24/04/2025 undefined further with the matter. The authorized officer of the respondent No.2, namely, Chirag Ketanbhai Oza is personally present and he confirms about the settlement arrived at with the accused person. The authorized officer of the respondent No.2- Chirag Ketanbhai Oza is identified by his learned advocate Mr. M.S. Padaliya. The respondent No.2 through its authorized officer Mr. Chirag Ketanbhai Oza has also filed an affidavit, inter alia, stating as under:
"I, Chirag Ketanbhai Oza Authorized Signatory of Mahindra & Mahindra Financial Services. L.T.D. Male, Adult, at above mentioned addresses at cause title of the petition, do hereby solemnly affirm and state on oath as under Employee code: 27028346
1. I am the respondent no 2-orig complainant in the memo of petition and I am fully conversant with the facts and circumstances of the case and I am duly competent to file this affidavit.
2. I say that I have gone through the memo of petition and the facts and grounds stated in the memo of petition are not disputed by me. At the outset I say and submit that the disputes and grievances of both the sides have been amicably settled and I do not wish to prosecute the petitioner any further with respect to the criminal proceedings initiated by me against the petitioner U/s. 138 of N.I. Act which led to the conviction of petitioner vide judgment and order dated 19/12/2024 passed by Learned Additional Judicial Magistrate First Class, Ahmedabad Rural in Criminal Case No.14894 of 2022 for offence u/s 138 of N.I Act.
3. I say that Company has filed criminal complain No 14894/22 before the learned Additional Judicial Magistrate First Class, Ahmedabad on 08/09/2022 and learned Additional Judicial Magistrate First Class, Ahmedabad Vide Order Dt. 19/12/24 Sentenced the petitioner to suffer simple imprisonment for one year for the offence of sec 138 of the negotiable instruments act Page 2 of 4 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 00:35:47 IST 2025 NEUTRAL CITATION R/CR.MA/8196/2025 ORDER DATED: 24/04/2025 undefined and further directed the petitioner to pay compensation Rs 99000/- (Rupees Ninety nine thousand only) To The Complainant under section 357(3) of the code of criminal procedure
4. I Submit that thereafter an amicable settlement arrived at between the petitioner and the complainant bank and as per the settlement the petitioner has paid an amount of 85000/- towards full and final settlement. I Further submit that now no dispute remains between the petitioner and the complainant and hence I have no objection if this honourable high court quash and set aside the order dated 19/12/2024 passed by Learned additional judicial magistrate First class, Ahmedabad Rural.
5. In the facts and circumstances as narrated above, I at my free will, wish and desire am stating on oath that I do not wish to prosecute the criminal proceedings with petitioner as the dispute between us has been amicably settled. I state that the complaint filed by u/s. 138 of N.I Act pursuant to which Criminal Case No. 14894 of 2022 was registered which led to the conviction of petitioner vide judgment and order dated 19.12.2024 passed by Learned Additional Judicial Magistrate First Class, Ahmedabad Rural in Criminal Case No, 14894 of 2022 may be quashed and set aside for which I have no objection, in the interest of justice.
6. It is submitted that, I am solemnizing this affidavit on oath upon authority of my office, that authority is also duly attached herewith with my affidavit.
What is stated hereinabove is true to the best of my personal knowledge, information and belief and I believe the same to be true and correct.
Solemnly affirmed at Ahmedabad on this 24 th day of April, 2025."
3. Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live Page 3 of 4 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 00:35:47 IST 2025 NEUTRAL CITATION R/CR.MA/8196/2025 ORDER DATED: 24/04/2025 undefined peacefully, no useful purpose would be served to allow the police to continue with the investigation of the said first information report.
4. In the result, this application is allowed. The order dated 19.12.2024 passed by the learned Addl. Judicial Magistrate, First Class, Ahmedabad (Rural) in Criminal Case No.14894 of 2022 is hereby ordered to be quashed. All consequential proceedings arising from the same also stands terminated. Rule is made absolute. The Registry shall accept the Vakalatnama of Mr. M.S. Padaliya, the learned advocate appearing on behalf of the respondent No.2.
Direct service is permitted.
(DIVYESH A. JOSHI,J) VAHID Page 4 of 4 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Fri Apr 25 2025 Downloaded on : Tue Apr 29 00:35:47 IST 2025