Gujarat High Court
Rameshbhai Nanubhai Bharvad vs State Of Gujarat on 24 April, 2025
NEUTRAL CITATION
R/CR.MA/8196/2025 ORDER DATED: 24/04/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 8196 of 2025
==========================================================
RAMESHBHAI NANUBHAI BHARVAD
Versus
STATE OF GUJARAT & ANR.
==========================================================
Appearance:
MR M.SHOYEB I MANSURI(11774) for the Applicant(s) No. 1
MR SS SAIYED(3690) for the Applicant(s) No. 1
MR. ROHAN SHAH, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 24/04/2025
ORAL ORDER
1. Rule returnable forthwith. Mr. 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. M.S.
Padaliya, 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
order dated 19.12.2024 passed by the learned Addl. Judicial
Magistrate, First Class, Ahmedabad (Rural) in Criminal Case
No.14894 of 2022 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
NEUTRAL CITATION
R/CR.MA/8196/2025 ORDER DATED: 24/04/2025
undefined
further with the matter. The authorized officer of the
respondent No.2, namely, Chirag Ketanbhai Oza is personally
present and he confirms about the settlement arrived at with
the accused person. The authorized officer of the respondent
No.2- Chirag Ketanbhai Oza is identified by his learned
advocate Mr. M.S. Padaliya. The respondent No.2 through its
authorized officer Mr. Chirag Ketanbhai Oza has also filed an
affidavit, inter alia, stating as under:
"I, Chirag Ketanbhai Oza Authorized Signatory of
Mahindra & Mahindra Financial Services. L.T.D. Male,
Adult, at above mentioned addresses at cause title of the
petition, do hereby solemnly affirm and state on oath as
under Employee code: 27028346
1. I am the respondent no 2-orig complainant in the
memo of petition and I am fully conversant with the facts
and circumstances of the case and I am duly competent
to file this affidavit.
2. I say that I have gone through the memo of petition
and the facts and grounds stated in the memo of petition
are not disputed by me. At the outset I say and submit
that the disputes and grievances of both the sides have
been amicably settled and I do not wish to prosecute the
petitioner any further with respect to the criminal
proceedings initiated by me against the petitioner U/s.
138 of N.I. Act which led to the conviction of petitioner
vide judgment and order dated 19/12/2024 passed by
Learned Additional Judicial Magistrate First Class,
Ahmedabad Rural in Criminal Case No.14894 of 2022 for
offence u/s 138 of N.I Act.
3. I say that Company has filed criminal complain No
14894/22 before the learned Additional Judicial
Magistrate First Class, Ahmedabad on 08/09/2022 and
learned Additional Judicial Magistrate First Class,
Ahmedabad Vide Order Dt. 19/12/24 Sentenced the
petitioner to suffer simple imprisonment for one year for
the offence of sec 138 of the negotiable instruments act
NEUTRAL CITATION
R/CR.MA/8196/2025 ORDER DATED: 24/04/2025
undefined
and further directed the petitioner to pay compensation
Rs 99000/- (Rupees Ninety nine thousand only) To The
Complainant under section 357(3) of the code of criminal
procedure
4. I Submit that thereafter an amicable settlement
arrived at between the petitioner and the complainant
bank and as per the settlement the petitioner has paid an
amount of 85000/- towards full and final settlement. I
Further submit that now no dispute remains between the
petitioner and the complainant and hence I have no
objection if this honourable high court quash and set
aside the order dated 19/12/2024 passed by Learned
additional judicial magistrate First class, Ahmedabad
Rural.
5. In the facts and circumstances as narrated above, I at
my free will, wish and desire am stating on oath that I do
not wish to prosecute the criminal proceedings with
petitioner as the dispute between us has been amicably
settled. I state that the complaint filed by u/s. 138 of N.I
Act pursuant to which Criminal Case No. 14894 of 2022
was registered which led to the conviction of petitioner
vide judgment and order dated 19.12.2024 passed by
Learned Additional Judicial Magistrate First Class,
Ahmedabad Rural in Criminal Case No, 14894 of 2022
may be quashed and set aside for which I have no
objection, in the interest of justice.
6. It is submitted that, I am solemnizing this affidavit
on oath upon authority of my office, that authority is also
duly attached herewith with my affidavit.
What is stated hereinabove is true to the best of my
personal knowledge, information and belief and I believe
the same to be true and correct.
Solemnly affirmed at Ahmedabad on this 24 th day of April,
2025."
3. Taking into consideration the nature of the dispute and
the fact that the parties have now amicably decided to live
NEUTRAL CITATION
R/CR.MA/8196/2025 ORDER DATED: 24/04/2025
undefined
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 order dated
19.12.2024 passed by the learned Addl. Judicial Magistrate,
First Class, Ahmedabad (Rural) in Criminal Case No.14894 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. M.S. Padaliya, the learned advocate
appearing on behalf of the respondent No.2.
Direct service is permitted.
(DIVYESH A. JOSHI,J)
VAHID
