Gujarat High Court
Sunilbhai Shivkumar Thakur vs State Of Gujarat on 6 August, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
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R/CR.MA/15883/2025 ORDER DATED: 06/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR CONSENT QUASHING)
NO.15883 of 2025
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SUNILBHAI SHIVKUMAR THAKUR
Versus
STATE OF GUJARAT & ANR.
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Appearance :
MR M R SAIYED for the Applicant.
MR TRUPESH KATHIRIYA, APP for the Respondent No.1.
MR TURAB GOVANI for the Respondent No.2.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 06/08/2025
ORAL ORDER
1. Heard the learned advocates appearing for the
respective parties. Learned advocate Mr. Turab Govani states that
he has an instructions to appear for the respondent No.2 -
complainant. He is permitted to file his appearance forthwith.
2. Rule. Learned Additional Public Prosecutor as well as
learned advocate appearing for the Complainant waive service of
Rule on behalf of the respective respondents.
3. Considering the issue involved in the present
application and with consent of the learned advocates appearing
for the respective parties as well as considering the fact that the
dispute amongst the applicant and respondent No.2 has been
resolved amicably, this application is taken up for final disposal
forthwith.
4. By way of this application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to
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as "BNSS"), the applicant has prayed for quashing and setting
aside judgment and order dated 14.3.2024 passed by learned
Additional Chief Metropolitan Magistrate, Negotiable Instruments
Act Court No.34, Ahmedabad in Criminal Case No.42139 of 2017
by which the applicant came to be convicted under Section 138 of
the Negotiable Instruments Act and was sentenced to simple
imprisonment of one year. The applicant was also directed to pay
cheque amount of Rs.2,30,000/- within a period of two months
along with 9% interest to the complainant failing which sentence of
further three months was imposed upon the applicant.
5. Learned advocate for the applicant has taken this Court
through the factual matrix arising out of the present application. At
the outset, it is submitted that the parties have amicably resolved
the issue and therefore, any further continuance of the proceedings
pursuant to the impugned FIR as well as any further proceedings
arising therefrom would create hardship to the applicant. It is
submitted that respondent No.2 has filed an affidavit in these
proceedings and has declared that the dispute between the
applicant and respondent No.2 is resolved due to intervention of
trusted persons of the society. It is further submitted that in view of
the fact that the dispute is resolved, the trial would be futile and
any further continuance of the proceedings would amount to abuse
of process of law. It is therefore submitted that this Court may
exercise its inherent powers conferred under Section 528 of the
BNSS and allow the application as prayed for.
Learned advocate for the applicant, upon instructions,
states that the applicant is ready and willing to deposit a sum of
Rs.35,000/- (15% of the cheque amount) towards the cost before
this Court within a period of four weeks from today.
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6. Learned Additional Public Prosecutor appearing for the
State has opposed the present application and submitted that
considering the seriousness of the offence, the complaint in
question may not be quashed and the present application may be
rejected.
7. Learned advocate for respondent No.2 has reiterated
the contentions raised by the learned advocate for the applicant.
The learned advocate for respondent No.2 also relied upon the
affidavit filed by respondent No.2 - Manoj Sagarmal Soni dated
30.7.2025. Respondent No.2 is present in person before the Court
and is identified by learned advocate for respondent No.2. On
inquiry made by the Court, respondent No.2 has declared before
this Court that the dispute between the applicant and respondent
No.2 is resolved due to intervention of trusted persons of the
society and therefore, now the grievance stands redressed and
hence, he does not have any objection if the impugned order of
conviction is set aside. It is therefore submitted that the present
application may be allowed.
8. Having heard the learned advocates appearing for the
respective parties, considering the facts and circumstances arising
out of the present application as well as taking into consideration
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 & Ors., reported in 2009 (1) GLH 190
and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported
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in 2014 (2) Crime 67 (SC), it appears that further continuation of
criminal proceedings in relation to the impugned FIR against the
applicant would be unnecessary harassment to the applicant. I
have also considered the latest decision of the Hon'ble Supreme
Court in the case of Parbatbhai Aahir @ Parbatbhai
Bhimsinhbhai Karmur and others v. State of Gujarat,
Criminal Appeal No.1723 of 2017 dated 4.10.2017 and the
guidelines issued by the Hon'ble Supreme Court in the said
decision, particularly paragraph 15. Considering the nature of
disputes between the parties which are all private in nature, I am
of the opinion that the matter requires consideration. It appears
that the trial would be futile and further continuance of the
proceedings pursuant to the impugned FIR would amount to abuse
of process of law and hence, to secure the ends of justice, the
impugned FIR is required to be quashed and set aside in exercise
of powers conferred under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
9. Resultantly, this application is allowed and the
impugned judgment and order dated 14.3.2024 passed by learned
Additional Chief Metropolitan Magistrate, Negotiable Instruments
Act Court No.34, Ahmedabad in Criminal Case No.42139 of 2017 is
hereby quashed and set aside qua the applicant on condition that
the applicant shall deposit a sum of Rs.35,000/- towards the
cost before the Registry of this Court within a period of four
weeks from today.
It is made clear that this order shall come into force
only upon deposit of the amount directed above and production of
receipt thereof. Upon deposit of the above amount of cost with the
registry of this Court, the Registry shall disburse the said amount
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in favour of High Court Legal Service Committee. Accordingly, Rule
is made absolute. Direct service is permitted.
The applicant would be at liberty to produce this order
before the appropriate authority for further action.
(NIRZAR S. DESAI,J)
SAVARIYA
