Gujarat High Court
Renuka Natvarlal Jani vs State Of Gujarat on 6 May, 2026
NEUTRAL CITATION
R/CR.MA/197/2026 ORDER DATED: 06/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 197 of 2026
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RENUKA NATVARLAL JANI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. AMIT B SONI(7165) for the Applicant(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 2
RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/05/2026
ORAL ORDER
RULE. Learned APP Mr. Raval waives service of notice of rule on behalf of the State.
1. The present application is filed for quashment of the FIR registered with Naranpura police station being M. Case No.144 of 1994 and all subsequent proceedings in Criminal Case No.4410 of 1996 pending before the learned Additional Chief Judicial Magistrate Court, Ahmedabad, City, (Metropolitan Magistrate Court No.9)
2. At the outset, it is submitted by the learned advocate Mr. Soni for the applicants that the dispute has been resolved between the parties and the present applicant has cleared the dues of the Gujarat Rajya Khadi Gram Udhyog Board. Mr. Page 1 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Fri May 08 2026 Downloaded on : Sat May 09 02:31:39 IST 2026 NEUTRAL CITATION R/CR.MA/197/2026 ORDER DATED: 06/05/2026 undefined Rikenkumar Satishchandra Shah, Executive Officer of the Gujarat Rajya Khadi Gram Udhyog Board, is present before this Court and has placed on record an affidavit as well as a communication addressed by the Board to the Law Officer dated 18.04.2026, informing that No Due Certificate has been issued and the complainant has no objection if the FIR filed against the applicant is quashed and the same are ordered to be taken on record.
3. This Court has referred to the affidavit, which is filed by the respondent No.2, which is reproduced hereinbelow;
"1. The applicants above named preferred present petition for quashing and setting aside criminal complaint bearing Criminal Case no. 4410/1996 for the offences under Sections 406, 420, 120(b), 463, 467, 468, 471, 477A, 34 and 114 of the Indian Penal Code. The written complaint was filed against 5 accused persons before Metropolitan Magistrate Court, Ahmedabad by original Complainant Bipinbhai P. shah the legal officer of Gujarat Rajya Khadi Gram Udhyog Board on 1.10.1993 and the same was registered as Criminal Inquiry no. 240/1994 ordered to be investigated under section-156(3) of Cr. P.C. on date-. 1.10.1994 send to Naranpura Police Station. The P.S.I. Naranpura Police Station has investigated the same case as Naranpura Police Station M. Case no. 144/1994. Annexure E to this petition. and The Investigating Officer of Naranpura Police Satation had filed chargesheet against 3 accused namely (1) Renukaben Natvarlal Jani, (2) Page 2 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Fri May 08 2026 Downloaded on : Sat May 09 02:31:39 IST 2026 NEUTRAL CITATION R/CR.MA/197/2026 ORDER DATED: 06/05/2026 undefined Surendrabhai Natvarlal Upadhyay (3) Ramanbhai Motibhai Patel before the learned Metropolitan Magistrate Court no. 9, Ahmedabad City, Ahmedabad and same has been registered as Criminal Case no.4410/1996 under Sections -406, 420, 120(b), 463, 467, 468, 471, 477A, 34 and 114 of the Indian Penal Code Annexure B. The copy of The complaint dated 1.10.1993 and order below that to investigate under section 156(3) of Cr.P.c. by Naranpura Police is annexed hereto and marked as Annexure C to this petition. and the copies of documents provided with chargesheet including police witnessed statements and other documents are annexed and marked as Annexure C Collectively to this petition.
2. Applicants/ Petitioners (Original Accuse no.1 and 2) have paid the alleged amount of cheating and interest calculated by Original complainant authority Gujarat Rajya Khadi Gram Udhyog Board, Ahmedabad against the loan obtained to start alleged Papad Udhyog Unit. And the "No Due Certificate"
dated જા. નં. લોન-13.8.2025 vide વસુલાત/ખાક/સંસ્થા/સહયોગ/૨૦૨૫- ૨૬/ 266 issued by Complainant Authority Gujarat Khadi Gram Udhyog Board, Ahmedabad is annexed hereto and marked as Annexure D to this Petition
3. We the original Complainant have filing letter giving consent to quash present petition of petitioners. And in support of such fact I the deponent filing this affidavit on behalf of original complainant board as per the order dated 29.4.2026 by thi Hon'ble court.
4. Therefore, I the original compalainant Gujrat Rajya Khadi Gram Udhyog Board have no objection if this Hon'ble Court quash and set a side the impugned complaint FIR being Page 3 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Fri May 08 2026 Downloaded on : Sat May 09 02:31:39 IST 2026 NEUTRAL CITATION R/CR.MA/197/2026 ORDER DATED: 06/05/2026 undefined Naranpura Police Station M. Case no. 144/1994 and all subsequent proceedings in Criminal Case no.4410/1996 pending before Learned Additional Chief Judicial Magistrate Court Ahmedabad City, (Metropolitan Magistrate Court no.9) Ahmedabad."
4. This Court has also referred to the communication addressed by the Secretary of the Gujarat Rajya Khadi Gram Udhyog Board dated 18.04.2026, wherein it is communicated to the Law Officer that No Due Certificate has been issued and the Board has no objection if the complaint is quashed. It is further stated that the allegations regarding forged bills have been resolved and the payment of Rs.1,21,000/- has been made in favour of the applicant.
5. Having considered the nature of the dispute and the allegations made in the FIR, coupled with the fact that the dispute has been resolved between the parties and the decisions rendered by the Hon'ble Supreme Court in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot 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 & Page 4 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Fri May 08 2026 Downloaded on : Sat May 09 02:31:39 IST 2026 NEUTRAL CITATION R/CR.MA/197/2026 ORDER DATED: 06/05/2026 undefined 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.
6. Resultantly, this application is allowed and the impugned FIR registered with Naranpura police station being M. Case No.144 of 1994 and all subsequent proceedings in Criminal Case No.4410 of 1996 pending before the learned Additional Chief Judicial Magistrate Court, Ahmedabad, City, (Metropolitan Page 5 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Fri May 08 2026 Downloaded on : Sat May 09 02:31:39 IST 2026 NEUTRAL CITATION R/CR.MA/197/2026 ORDER DATED: 06/05/2026 undefined Magistrate Court No.9), are hereby quashed and set aside qua the applicants only. Accordingly, Rule is made absolute. Direct service is permitted.
(M. K. THAKKER,J) Vikramsinh Amarsinh Page 6 of 6 Uploaded by Vikramsinh Amarsinh(HCW0055) on Fri May 08 2026 Downloaded on : Sat May 09 02:31:39 IST 2026