Gujarat High Court
Virsangbhai Heduji Parmar vs State Of Gujarat on 20 April, 2026
NEUTRAL CITATION
R/CR.MA/8956/2026 ORDER DATED: 20/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 8956
of 2026
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VIRSANGBHAI HEDUJI PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. HARSHAL S. PATEL(14220) 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 : 20/04/2026
ORAL ORDER
1. Rule returnable forthwith. Mr. Rohan 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. Prakash K. Desai, 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 petitioner seeks to invoke the inherent powers of this court, praying for quashing of the order dated 17.02.2026 passed by the learned Judicial Magistrate, First Class, Vadgam, District: Banaskantha in Criminal Case No.1147 of 2025 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 the further with the matter. The respondent No.2- Hadiyol Deepsinh Tejpalsinh is personally present and he Page 1 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 21:57:21 IST 2026 NEUTRAL CITATION R/CR.MA/8956/2026 ORDER DATED: 20/04/2026 undefined confirms about the settlement arrived at with the accused person. The respondent No.2- Hadiyol Deepsinh Tejpalsinh is identified by his learned advocate Mr. Prakash K. Desai. Shri Hadiyol Deepsinh Tejpalsinh has also filed an affidavit, inter alia, stating as under:
"I, Hadiyol Deepsinh Tejpalsinh, aged 24. Reading at village: Saklana, Taluka Vadgam. Dist Banaskantha do hereby solemnly affirm and state as under:
I say and submit that the applicant many occasions came at my village and we both doing same work and therefore, we known to each other for last 3 years and because of relationship applicant had purchased a cow for me of amount of Rs.50,000/- and with regard to that Rs 20,000/-given in cash and for remaining due amount Ra. 40,000/-given cheque no. 000029 of Bank of Baroda, Vadgam Branch on 14.07.2025 which was dishonored so I had filed criminal case no. 1147 of 2025 under section 138 of N.I. Act in which after conclusion of trial Ld. Judicial Magistrate First Class Vadgam, Dist Banaskantha was convicted present applicant for 2 (two) year and after the said conviction with the intervention of the common friends and family members the matter is amicably settled and I have received the amount for which I had filed the criminal case before the concerned court below and now if this hon'ble court may quashed and set aside the order passed in Criminal Case No. 1147 of 2025 dated 17 02 2026 then I have no objection what is stated above is true and correct to the best of my knowledge and also without any coercion and belief and I believe the same to be true.
Solemnly affirmed on 20th the day/s of April, 2026 at Ahmedabad"
3. The applicant has also filed an undertaking, inter alia stating therein that he will deposit 15% of the cheque amount as fine, i.e, Rs.6,000/- within a week with the Gujarat State Page 2 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 21:57:21 IST 2026 NEUTRAL CITATION R/CR.MA/8956/2026 ORDER DATED: 20/04/2026 undefined Legal Service Authority, as directed by this Court. The said undertaking is placed, which is ordered to be taken on record.
4. Taking into consideration the nature of the dispute and the fact that the parties have now amicably decided to live peacefully, no useful purpose would now be served to proceed further with the matter.
5. In the result, this application is allowed. The order dated 17.02.2026 passed by the learned Judicial Magistrate, First Class, Vadgam, District: Banaskantha in Criminal Case No.1147 of 2025 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. Prakash K. Desai, the learned advocate appearing on behalf of the respondent No.2.
Direct service is permitted.
(DIVYESH A. JOSHI,J) VAHID Page 3 of 3 Uploaded by ABDULVAHID A SHAIKH(HC00955) on Mon Apr 20 2026 Downloaded on : Mon Apr 20 21:57:21 IST 2026