Gujarat High Court
Divyaben @ Lataben Narandas Dhanaram ... vs State Of Gujarat on 26 August, 2025
Author: A.Y. Kogje
Bench: A.Y. Kogje
NEUTRAL CITATION
R/SCR.A/3529/2023 JUDGMENT DATED: 26/08/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3529 of
2023
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR. JUSTICE A.Y. KOGJE
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Approved for Reporting Yes No
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DIVYABEN @ LATABEN NARANDAS DHANARAM DEVJANI & ORS.
Versus
STATE OF GUJARAT & ORS.
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Appearance:
MR YV VAGHELA(2450) for the Applicant(s) No. 1,2,3
MS. SHIVANGI M RANA(7053) for the Respondent(s) No. 3
MR. ROHAN SHAH, ASST. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
RULE SERVED BY DS for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 26/08/2025
ORAL JUDGMENT
1. This petition under Article 226 of the Constitution of India
r/w. Section 482 of Cr.P.C. is for quashing of an FIR being
CR No. 11188009230139/2023 under Section 406, 420,
506(1) and 114 of IPC, registered with Modasa Town Police
Station, District - Aravalli.
2. Learned Advocate for the applicant has submitted that, it
NEUTRAL CITATION
R/SCR.A/3529/2023 JUDGMENT DATED: 26/08/2025
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is a pure civil litigation which is converted into a criminal
offence, particularly the complainant is closely related to
the petitioners. It is submitted that the complainant -
respondent no. 3 is the sister of petitioner no. 1, sister-in-
law of petitioner no. 2 and daughter of petitioner no. 3. It is
on account of exchange of an amount that the entire
dispute has arisen for which the FIR is registered.
3. Learned Advocate for the petitioners has submitted that
the entire amount of dispute to the tune of Rs. 8,00,000/-
has already been deposited and the petitioners do not have
any objection, if the same is permitted to be withdrawn by
respondent No. 3.
4. Learned Advocate for the respondent has opposed the
grant of the application by submitting that the ingredients
of section 406, 420, 506(1) and 114 are made out and
therefore, the investigation is required to be proceeded
with.
5. Having considered the rival submissions and having
perused the documents on record, it appears that the FIR
bearing No. 11188009230139/2023 came to be registered
for an offence wherein, it is alleged that "accused numbers 1
and 2 in this case were allotted a house in a scheme under the
Pradhan Mantri Safal Yojana in Ahmedabad. As they required
money to purchase the house, they asked the complainant for it.
The complainant provided them with eight separate cheques from
his State Bank of India, Modasa Branch, and filled in an amount
of ₹1,00,000/- (One lakh) in each cheque. The accused in this
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R/SCR.A/3529/2023 JUDGMENT DATED: 26/08/2025
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case withdrew a total amount of ₹8,00,000/- (Eight lakhs) during
the aforesaid period and kept it with themselves. Despite the
complainant repeatedly demanding the money back, the accused
have not returned it to till today, thus, committing cheating and
breach of trust with the complainant. Additionally, accused no. 3
threatened the complainant regarding the demand of the money,
and thus, abetted one another in committed the crime."
6. The Court has perused the content of the FIR and
predominantly, it is a question of money having been
transacted between respondent No. 3 who is the daughter
of the petitioner No. 2 and sister and sister-in-law of
petitioner Nos. 1 and 2 respectively. The said amount was
exchanged for the purpose of construction of a residential
premises and the same was received apparently by the
petitioner out of the maintenance which was granted in yet
another litigation between respondent No. 3 and her
husband. The Court has also taken into consideration the
existing dispute between the petitioner and respondent No.
3 which is reflected in an order dated 09.10.2018 in
Special Criminal Application No. 8145/2018. Moreover, the
notices exchanged between the parties are also reflective
about the money transaction which has taken place
between the family members.
7. Once the petitioners having deposited the entire disputed
amount and have no objection, if the same is permitted to
be withdrawn by the respondent No. 3, the Court is of the
view that no useful purpose will be served for prosecuting
the FIR any further.
NEUTRAL CITATION
R/SCR.A/3529/2023 JUDGMENT DATED: 26/08/2025
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8. Accordingly, present petition is allowed in the aforesaid
terms. Rule is made absolute to the aforesaid extent.
9. In view of the aforesaid, respondent No. 3 is permitted to
withdraw the amount thus, deposited after due verification.
Direct service permitted.
(A.Y. KOGJE, J)
Mehul Desai
