Gujarat High Court
Ishwar Kalidas Aajani C/O Lakhambhai ... vs State Of Gujarat on 25 August, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/16948/2025 ORDER DATED: 25/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO.16948 of 2025
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ISHWAR KALIDAS AAJANI C/O LAKHAMBHAI DHANJIBHAI SIYAL
Versus
STATE OF GUJARAT & ANR.
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Appearance :
MR MANOJ P SOLANKI for the Applicant.
MR ROHAN RAWAL, APP for the Respondent.
MR PRAVIN SAVANT for the Respondent No.2.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 25/08/2025
ORAL ORDER
1. Heard the learned advocates appearing for the respective parties. Learned advocate Mr. Pravin Savant states that he has an instructions to appear for the respondent No.2 - complainant. He is permitted to file his appearance forthwith.
2. Rule. Learned Additional Public Prosecutor as well as learned advocate appearing for the Complainant waive service of Rule on behalf of the respective respondents.
3. Considering the issue involved in the present application and with consent of the learned advocates appearing for the respective parties as well as considering the fact that the dispute amongst the applicant and respondent No.2 has been resolved amicably, this application is taken up for final disposal forthwith.
4. By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS"), the applicant has prayed for quashing and setting Page 1 of 4 Uploaded by R.N. SAVARIYA(HC00179) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:05:31 IST 2025 NEUTRAL CITATION R/CR.MA/16948/2025 ORDER DATED: 25/08/2025 undefined aside judgment and order dated 6.7.2024 passed by learned Chief Judicial Magistrate, Veraval in Criminal Case No.551 of 2018 by which the applicant came to be convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and was sentenced to simple imprisonment of four months. The applicant was also directed to pay cheque amount of Rs.2,25,000/- failing which, the applicant was ordered to pay 9% interest.
5. Learned advocate for the applicant has taken this Court through the factual matrix arising out of the present application. At the outset, it is submitted that the parties have amicably resolved the issue and therefore, any further continuance of the proceedings pursuant to the impugned FIR as well as any further proceedings arising therefrom would create hardship to the applicant. It is submitted that respondent No.2 has filed an affidavit in these proceedings and has declared that the dispute between the applicant and respondent No.2 is resolved due to intervention of trusted persons of the society. It is further submitted that in view of the fact that the dispute is resolved, the trial would be futile and any further continuance of the proceedings would amount to abuse of process of law. It is therefore submitted that this Court may exercise its inherent powers conferred under Section 528 of the BNSS and allow the application as prayed for.
Learned advocate for the applicant, upon instructions, states that the applicant is ready and willing to deposit a sum of Rs.25,000/- towards the cost before the Registry of this Court within a period of four weeks from today.
6. Learned Additional Public Prosecutor appearing for the State has opposed the present application and submitted that Page 2 of 4 Uploaded by R.N. SAVARIYA(HC00179) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:05:31 IST 2025 NEUTRAL CITATION R/CR.MA/16948/2025 ORDER DATED: 25/08/2025 undefined considering the seriousness of the offence, the complaint in question may not be quashed and the present application may be rejected.
7. Learned advocate for respondent No.2 has reiterated the contentions raised by the learned advocate for the applicant. The learned advocate for respondent No.2 also relied upon the affidavit filed by respondent No.2 - Naranbhai Samjibhai Anjani dated 7.8.2025. Respondent No.2 is present in person before the Court and is identified by learned advocate for respondent No.2. On inquiry made by the Court, respondent No.2 has declared before this Court that the dispute between the applicant and respondent No.2 is resolved due to intervention of trusted persons of the society and therefore, now the grievance stands redressed. It is therefore submitted that the present application may be allowed.
8. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered by the Hon'ble Supreme 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), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. I have also considered the latest decision of the Hon'ble Supreme Court in the case of Parbatbhai Aahir @ Parbatbhai Page 3 of 4 Uploaded by R.N. SAVARIYA(HC00179) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:05:31 IST 2025 NEUTRAL CITATION R/CR.MA/16948/2025 ORDER DATED: 25/08/2025 undefined Bhimsinhbhai Karmur and others v. State of Gujarat, Criminal Appeal No.1723 of 2017 dated 4.10.2017 and the guidelines issued by the Hon'ble Supreme Court in the said decision, particularly paragraph 15. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. 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 hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
9. Resultantly, this application is allowed and the impugned judgment and order dated 6.7.2024 passed by learned Chief Judicial Magistrate, Veraval in Criminal Case No.551 of 2018 is hereby quashed and set aside qua the applicant on condition that the applicant shall deposit a sum of Rs.25,000/- towards the cost before the Registry of this Court within a period of four weeks from today. The applicant is also directed to file an undertaking to the above effect with the Registry of this Court within a period of one week from today. The Registry thereafter shall disburse the said amount in favour of High Court Legal Services Committee.
It is made clear that this order shall come into force only upon deposit of the amount directed above and production of receipt thereof. Accordingly, Rule is made absolute. Direct service is permitted. A copy of this order may be pleased before the appropriate authority for further action.
(NIRZAR S. DESAI,J) SAVARIYA Page 4 of 4 Uploaded by R.N. SAVARIYA(HC00179) on Mon Aug 25 2025 Downloaded on : Tue Aug 26 00:05:31 IST 2025