Gujarat High Court
Prafulbhai Chimanbhai Patel vs State Of Gujarat on 11 July, 2025
NEUTRAL CITATION
R/SCR.A/9463/2017 ORDER DATED: 11/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9463 of 2017
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PRAFULBHAI CHIMANBHAI PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DHRUV K DAVE(6928) for the Applicant(s) No. 1
MR. JAY M THAKKAR(6677) for the Respondent(s) No. 2
MR. ROHAN SHAH, PUBLIC PROSECUTOR for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 11/07/2025
ORAL ORDER
1 Heard, learned advocate Mr. Dhruv K. Dave for the petitioner, learned advocate Mr. Jay M. Thakkar for the private respondent and learned Addl. Public Prosecutor Mr. Rohan Shah for the respondent State.
2. This petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.) for quashing and set aside a crime being CR-I-167 of 2017 for offence under Section 406, 420, 199, 200 and 120 B of the Indian Penal Code (for short "IPC") registered with Raopura Police Station, Vadodara.
2.1 The role of the petitioner in the offence is limited to the extent of executing the registered agreement to sale qua the disputed property which was mortgaged with the respondent bank being a secured creditor on the previous occasion. It is also to be noticed during the arguments that main accused has Page 1 of 2 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Mon Jul 14 2025 Downloaded on : Mon Jul 14 22:13:22 IST 2025 NEUTRAL CITATION R/SCR.A/9463/2017 ORDER DATED: 11/07/2025 undefined mortgaged the disputed property with respondent bank for getting the loan. Consequently thereof, the respondent bank issued process to the main accused. However, the said and other proceedings between the parties are settled, which came into notice from the affidavit filed by the complainant, which is placed on record at page No.117. In the premises of such circumstances, the main accused are acquitted from the criminal charges by the learned Trial Court on the ground of settlement. The judgment of learned Trial Court is also placed on record at page No.133. In these circumstance, the role of the present petitioner, if examined, is much less than the role played by the other accused. Moreover, the whole dispute is settled and the bank is now not intending to proceed further, which could be noticed from the affidavit at page No.117. In view of the said aspect, there is no point to put the petitioner to face the trial.
3. Resulting thereof, the present petition is allowed. Accordingly, the FIR being CR-I-167 of 2017 registered with Raopura Police Station, Vadodara, and all other consequences proceedings raised out of the said FIR qua the petitioner Prafulbhai Chimanbhai Patel is hereby quashed and set aside. Rule is made absolute. Direct service permitted.
(J. C. DOSHI,J) NITIN MAKWANA Page 2 of 2 Uploaded by NITIN INDRAVADANMAKWANA(HCW0110) on Mon Jul 14 2025 Downloaded on : Mon Jul 14 22:13:22 IST 2025