Gujarat High Court
Laxmanbhai Babulal Patel vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.MA/10044/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
10044 of 2026
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LAXMANBHAI BABULAL PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PIYUSH B TRIVEDI(12401) for the Applicant(s) No. 1
MR.RONAK RAVAL, APP for the Respondent(s) No. 1
JITENDRA PATEL for RESPONDENT NO.2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 29/04/2026
ORAL ORDER
1. The present application is filed under section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 for quashment of the judgment and order dated 26.06.2025 passed in Criminal Case No.7759/2023 by the learned 5 th JMFC, Gandhinagar whereby, the present applicant was convicted for the offence punishable under section 138 of the N.I.Act.
2. At the outset it is submitted by learned advocates for the respective parties that the dispute is resolved between the parties and the complainant has agreed for quashment of the order of conviction.
3. This Court has referred the affidavit of the complainant, Page 1 of 4 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:30:49 IST 2026 NEUTRAL CITATION R/CR.MA/10044/2026 ORDER DATED: 29/04/2026 undefined which is at page 24 and reproduced hereinbelow:
"I, Sangitbane Keshrisinh Rathod, Age: 53 Years, Female, Residing at Plot No.394/2, Sector 5-A, Nana G/2, Gandhinagar, do hereby in capacity as the victim of the case solemnly affirm and state on oath as under:
1. That I state and submit that I had lodged a private complaint being Criminal Case No.7759 of 2023, which upon trial being conducted, the applicant has been convicted vide the judgment and order of conviction and sentence dated 26.06.2025.
2. I state and submit that after the judgment is pronounced, an amicable settlement has been arrived at between me and the applicant and the applicant has paid the entire cheque amount to me i.e. Rs.2,00,000/- in cash and so therefore, I do not have any objection if the impugned judgment and order of conviction and sentence is quashed and set aside rather I give my free consent for quashmnet of the same.
3. I state and submit that I am filing this affidavit without there being any force or coercion and the affidavit is filed upon my on volition. I further undertake that myself shall remain present before the Honourable High Court if required during the hearing of the present application.
4. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Page 2 of 4 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:30:49 IST 2026 NEUTRAL CITATION R/CR.MA/10044/2026 ORDER DATED: 29/04/2026 undefined 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) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that continuing further with the criminal proceedings in relation to the impugned FIR and the Criminal Case against the applicants-accused would be an unnecessary harassment to the applicants-accused. It further appears that the trial would be a futile exercise and further continuing with the criminal proceedings pursuant to the impugned FIR and the Criminal Case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR as well as the proceedings of the Criminal Case, so also all other consequential proceedings are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. This Court has referred the decision of the Apex Court in Page 3 of 4 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:30:49 IST 2026 NEUTRAL CITATION R/CR.MA/10044/2026 ORDER DATED: 29/04/2026 undefined the case of Sanjabij Tari Vs Kishore.S.Borcar reported in 2025 SCC OnLIne SC 2069 wherein, it is held that after conviction if the matter is resolved between the parties, then cost at the rate of 7.5% would be deposited with the Legal Aid Services Authority.
6. Considering the overall submissions and the fact that the parties have amicably settled the dispute, the judgment and order of conviction, of the learned trial court is hereby quashed.
7. The present applicant is directed to deposit the amount of Rs.16,000/- within a period of one week from today with the High Court Legal Aid Services Authority.
(M. K. THAKKER,J) ARCHANA S. PILLAI Page 4 of 4 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Wed Apr 29 2026 Downloaded on : Wed Apr 29 22:30:49 IST 2026