Gujarat High Court
Abhishek Mehulbhai Sheth S/O Mehulbhai ... vs State Of Gujarat on 8 April, 2025
NEUTRAL CITATION
R/SCR.A/5076/2025 ORDER DATED: 08/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
5076 of 2025
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ABHISHEK MEHULBHAI SHETH S/O MEHULBHAI CHANDRAKANTBHAI
SETH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. NISARG D SHAH(7299) for the Applicant(s) No. 1
SUNIL H PRAJAPATI(8350) for the Applicant(s) No. 1
MR. BHARGAV PANDYA, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 08/04/2025
ORAL ORDER
1. Rule returnable forthwith. Mr. Pandya, the learned
Additional Public Prosecutor, waives service of notice of rule for
and on behalf of the respondent No.1-State of Gujarat. Mr.
Rakesh M. Solanki, 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 petitioners seek to invoke
the inherent powers of this court, praying for quashing of the
judgment and order dated 21.10.2024 passed by the learned
5th Addl. Chief Judicial Magistrate, Ahmedabad (Rural) being
C.C. No.12314 of 2022 on the ground that there has been an
amicable settlement between the parties and the respondent
NEUTRAL CITATION
R/SCR.A/5076/2025 ORDER DATED: 08/04/2025
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No.2-original complainant is no longer desirous of prosecuting
further with the matter. The respondent No.2-Nilesh
Rajeshbhai Desai is personally present and he confirms about
the settlement arrived at with the accused person. The
respondent No.2- Nilesh Rajeshbhai Desai is identified by his
learned advocate Mr. Rakesh M. Solanki. Shri Nilesh
Rajeshbhai Desai has also filed an affidavit, inter alia, stating
as under:
"I. NILESH RAJESHBHAI DESAI, Hindu, Aged 26 Years.
Male, Business, Resident 211. Kailashnagar, Memnagar,
Ahmedabad 380052, Respondent No. 2, Ori.
Complainant, do hereby solemnly affirm and state on
oath as under :-
1. I am the original complainant of the complaint filed
before the Ld 5th Addl Chiel Judicial Magistrate,
Ahmedabad (Rural) being CC No 12314 of 2022 and the
petitioner came to be convicted vide Order/Judgement
dated 21.10 2024
2. I submit that the dispute between myself and the
Applicant is resolved and settled amicably and now,
harmony has been established between us. The Parties
have inter alia agreed to withdraw and get quashed all
Criminal Proceedings filed by deponent as the deponent
has received the amount and now nothing remains to be
received from the petitioner. Therefore I submit that the
complaint/order/judgement in question be quashed and
set aside and for that I have no any objection to the
same
3. It is further submitted that since now there is no
any dispute with myself and Applicants and harmony has
been established with the family and now the original
dispute has been over and settled therefore, the present
complainant has decided not to proceed with the
complaint in question against the Applicant herein
Therefore, considering the above stated fact I have no
any objection, if the present application is allowed by
NEUTRAL CITATION
R/SCR.A/5076/2025 ORDER DATED: 08/04/2025
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quashing and setting aside the order/judgment dated
21.10.2024 passed by the Ld. 5 th Addl. Chief Judicial
Magistrate, Ahmedabad (Rural) being C.C. No.12314 of
2022.
What is stated para no.1 to 3 is true to the best of my
knowledge. Solemnly affirm on 2nd April, 2025 at
AHMEDABAD. "
3. 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 be served to allow the
police to continue with the investigation of the said first
information report.
4. In the result, this application is allowed. The judgment
and order dated 21.10.2024 passed by the learned 5 th Addl.
Chief Judicial Magistrate, Ahmedabad (Rural) being C.C.
No.12314 of 2022 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. Rakesh M. Solanki, the learned
advocate appearing on behalf of the respondent No.2.
Direct service is permitted.
(DIVYESH A. JOSHI,J)
VAHID
