Neel Harnish Lodhiya vs State Of Gujarat

Citation : 2025 Latest Caselaw 7907 Guj
Judgement Date : 13 November, 2025

Gujarat High Court

Neel Harnish Lodhiya vs State Of Gujarat on 13 November, 2025

                                                                                                               NEUTRAL CITATION




                            R/SCR.A/14737/2025                                 JUDGMENT DATED: 13/11/2025

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                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14737 of 2025

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                                                        NEEL HARNISH LODHIYA
                                                                Versus
                                                       STATE OF GUJARAT & ANR.
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                       Appearance:
                       CHIRAG N KAKKAD(8465) for the Applicant(s) No. 1
                       MR. KRUTIK PARIKH, APP for the Respondent(s) No. 1
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                            CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY

                                                           Date : 13/11/2025

                                                           ORAL JUDGMENT

1. Present application is preferred by the Petitioner (Original Accused Number 7) under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, seeking quashing of FIR No. 11208053250448 of 2025 registered with Rajkot Taluka Police Station, Rajkot City for the offences punishable under Section 308(5) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 40 and 42 of the Gujarat Money Lenders Act.

2. Heard learned Advocate for the Applicant and learned APP for the Respondent - State. Learned Advocate Mr. Dhruvin P. Bhuptani appears and states that he has received instructions to appear on behalf of Respondent No.2 - Original Complainant and he would be filing his appearance during the course of the day. Registry to accept the Vakalatnama.

3. Rule. Learned APP waives service of notice for and on behalf of the respondent - State and learned Advocate Mr. Rathod waives service of Rule on behalf of the Original Complainant.

4. Learned Advocate for the Petitioner has submitted that the matter has been amicably settled between the parties and they are now not Page 1 of 2 Uploaded by J.N. WAGHELA(HC00178) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 04:05:02 IST 2025 NEUTRAL CITATION R/SCR.A/14737/2025 JUDGMENT DATED: 13/11/2025 undefined willing to proceed with the complaint any further.

5. Leaned Advocate Mr. Bhuptani appearing on behalf of Respondent No. 2 - Sagar Bhaveshbhai Gajjar (Original Complainant), who is present before this Court, has placed on record duly sworn in Affidavit dated 11.10.2025. Learned Advocate has submitted that matter has been amicably settled between the parties and there is no objection if present application is allowed. The relevant paragraph from the Affidavit reads thus:

" 4. That the matter between the petitioner and me (complainant) has been settled due to mediation of elders and societal people and there is no any ill will between us and I have no any Grudge against the petitioner (my friend).
5. That as the amicable settlement has been reached between myself and Neil Lodhiya (petitioner / accused) I have no objection if the FIR Registered against him before Rajkot Rural Police Station vide no. 11208053250448 dated 10 May 2025 be quashed.
6. That I have taken this decision out of my free will without any Coercion force."

6. Considering averments made in the Affidavit as also the submissions made by the learned Advocates for the respective parties, the present Application deserves to be allowed and is hereby allowed. The FIR No. 11208053250448 of 2025 registered with Rajkot Taluka Police Station, Rajkot City for the offences punishable under Section 308(5) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 and Sections 40 and 42 of the Gujarat Money Lenders Act is hereby quashed and set aside qua the present Petitioner. Rule is made absolute.

(M. R. MENGDEY,J) J.N.W / 23 Page 2 of 2 Uploaded by J.N. WAGHELA(HC00178) on Fri Nov 14 2025 Downloaded on : Sat Nov 15 04:05:02 IST 2025