Gujarat High Court
Badalkumar Jagmalbhai Barad vs State Of Gujarat on 3 September, 2025
NEUTRAL CITATION
R/SCR.A/11377/2025 ORDER DATED: 03/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT
QUASHING) NO. 11377 of 2025
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BADALKUMAR JAGMALBHAI BARAD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. AMIT R TIWARI(9947) for the Applicant(s) No. 1
APP MR HARDIK MEHTA for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 03/09/2025
ORAL ORDER
[1.0] Learned advocate Mr. Chirag A Prajapati, states that he has instructions to appear on behalf of the original complainant and seeks permission to file his Vakalatnama, which is granted. The affidavit of the original complainant is produced which is taken on record.
[2.0] RULE. Learned advocates waive service of note of rule on behalf of the respective respondents.
[3.0] Considering the facts and circumstances of the case and since it is jointly stated at the Bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith.
[4.0] By way of this petition under Articles 226 and 227 of the Constitution of India read with Section 528 of the Bhartiya Nagrik Page 1 of 3 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 22:54:23 IST 2025 NEUTRAL CITATION R/SCR.A/11377/2025 ORDER DATED: 03/09/2025 undefined Suraksha Sanhita, 2023 the petitioner has prayed to quash and set aside the judgment and order passed in Criminal Case No. 2277 of 2023 by the learned Additional Chief Judicial Magistrate First Class, Gir-Somnath for the offences under section 147 of The Negotiable Instruments Act, 1881 and to quash all other consequential proceedings arising therefrom.
[5.0] Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit at Annexure B, which is taken on record. In the Affidavit, the original complainant has categorically stated that the dispute with the petitioner has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them.
[6.0] Having heard learned advocates on both the sides and considering the fact that the offence is compoundable under Section 147 of the of the Negotiable Instruments Act and considering the circumstances of the case and as the case is compoundable under Section 147 of the NI Act and keeping in mind the principle laid down by the Apex Court in the cases of Damodar S. Prabhu v. Syed Babalal H. reported in (2010) 5 SCC 663, and considering the fact that settlement amount of Rs.61,000/- out of which Rs. 56,000/- has been paid by the petitioner after making certain deductions and now remains no amount due and payable to the complainant, in the opinion of this Court, the further continuation of criminal proceedings against the petitioner in relation to the impugned complaint would cause Page 2 of 3 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 22:54:23 IST 2025 NEUTRAL CITATION R/SCR.A/11377/2025 ORDER DATED: 03/09/2025 undefined unnecessary harassment to the petitioner. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties and to secure the ends of justice, it would be appropriate to quash and set aside the impugned order of conviction and all consequential proceedings initiated in pursuance thereof under Section 482 of the CrPC (section 528 of the BNSS).
[7.0] In the result, the petition is allowed on condition that the petitioner shall have to deposit 15% of the amount (61,000/-) i.e 9,150/- before the State Legal Services Authority. The impugned Criminal Case No. 2277 of 2023 passed by the learned Additional Chief Judicial Magistrate First Class, Gir-Somnath qua present petitioner as well as warrant issued under in Criminal Case No. 2277 of 2023 is quashed and set aside along with all the consequential proceedings initiated in pursuance thereof. The petitioner who is reported to be in jail is directed to be released forthwith if not required in connection with any other case. Rule is made absolute to the aforesaid extent only. Direct service is permitted.
(HASMUKH D. SUTHAR,J) Kaushal Rathod Page 3 of 3 Uploaded by MR.KAUSHAL.M. RATHOD(HCD0078) on Thu Sep 04 2025 Downloaded on : Thu Sep 04 22:54:23 IST 2025