[Cites 5, Cited by 0]
Gujarat High Court
Parmar Hareshbhai Bhimjibhai vs State Of Gujarat on 10 December, 2025
NEUTRAL CITATION
R/CR.MA/25997/2025 ORDER DATED: 10/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 25997 of 2025
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PARMAR HARESHBHAI BHIMJIBHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. BHARGAV K MEHTA(7094) for the Applicant(s) No. 1
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 10/12/2025
ORAL ORDER
1. Learned advocate Mr. Pinakin B. Raval appears and
submits that he has instructions to appear on behalf of the
respondent no.2 - complainant. He is permitted to file his
appearance. Registry shall accept his vakalatnama.
2. By way of preferring the present application under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the
applicant-accused seeks to invoke the inherent powers of this
Court, praying to quash and set-aside the judgment and order
dated 12.01.2024 passed by the learned Judicial Magistrate
First Class, Chanasma, District Patan, in Criminal Case No. 668
of 2019 for the offence punishable under Section 138 of the
Negotiable Instruments Act; the proceedings of the Criminal
Case No.668 of 2019 as well as the warrant dated 12.01.2024,
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R/CR.MA/25997/2025 ORDER DATED: 10/12/2025
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so also all other consequential proceedings arising pursuant
thereto.
3. Today, when the matter is called out, the complainant,
who is personally present before this Court, has produced his
identity proof as well as submitted the affidavit, which are
ordered to be taken on record. In the said affidavit, the
complainant has categorically stated that he has no grievance
against the applicant as he has received his dues, and the
dispute has been amicably resolved and there is no ill-will or any
grievance amongst them.
4. Considering the issue involved in the present application
as well as considering the fact that the dispute has been
amicably resolved between the parties, with the consent of the
learned advocates appearing for the respective parties, the
present application is taken up for final disposal.
5. RULE returnable forthwith. Learned APP Mr. Manan
Maheta waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Mr. Pinakin B.
Raval waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
6. The complainant, who is personally present in the Court,
has categorically stated before this Court that he has no
objection if the application is allowed and the judgment and
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R/CR.MA/25997/2025 ORDER DATED: 10/12/2025
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order of conviction and sentence dated 12.01.2024 passed by
the learned Judicial Magistrate First Class, Chanasma, District
Patan, in Criminal Case No. 668 of 2019; the proceedings of the
Criminal Case No.668 of 2019 as well as the warrant dated
12.01.2024, are quashed and set-aside.
7. Thus, it appears from the aforesaid that to continue
further with the proceedings pursuant to the impugned
judgment and order of conviction and sentence, criminal case
and order of non-bailable warrant, would be a futile exercise
and the same would amount to abuse of process of law.
8. The relevant paragraphs of the affidavit filed by the
complainant - Patel Dashrathbhai Manilal, reads thus :
"1. That I am the complainant of criminal complaint warrant
dated: 12.01.2024 Non Bailable connection with order dated
12.01.2024 and complaint being Criminal Case No. 668 of 2019
filed by the respondent No.2 herein in the Court of the learned
Judicial Magistrate First Class, Chanasma, Patan, and connected
proceedings against the accused named therein. I state that upon
the intervention of the elderly family members as well as leading
members of the community and taking into consideration my
future interest in getting the controversy resolved, I lodged the
impugned complaint. I however, now accord my consent to this
Hon'ble Court to quash the criminal complaint warrant dated:
12.01.2024 Non Bailable connection with order dated 12.01.2024
and complaint being Criminal Case No. 668 of 2019 filed by the
respondent No.2 herein in the Court of the learned Judicial
Magistrate First Class, Chanasma, Patan and connected
proceedings in the interest of justice, against the petitioners
original accused as No Due Certificate also issued by us of dated
10.12.2024 named in the complaint, which would serve the
purpose of justice."
9. Having heard learned advocates appearing for the
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R/CR.MA/25997/2025 ORDER DATED: 10/12/2025
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respective parties as well as considering the facts and
circumstances arising out of the present application and taking
into consideration the decisions rendered in the cases of Gian
Singh vs. State of Punjab & Another, 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 & Another, reported in (2009) 1 GLH 31, Manoj
Sharma vs. State & Others, reported in (2009) 1 GLH 190,
and Narinder Singh & Others vs. State of Punjab &
Another, 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
pursuant to the impugned order dated 12.01.2024 would
amount to abuse of process of law. Hence, to secure the ends of
justice, the impugned order dated 12.01.2024 as well as the
proceedings of the criminal case and the warrant dated
12.01.2024, all other consequential proceedings arising
pursuant thereto are required to be quashed and set-aside in
exercise of the powers conferred 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
10. In the result, the application is allowed. The judgment and
order of conviction and sentence dated 12.01.2024 passed by
the learned Judicial Magistrate First Class, Chanasma, District
Patan, in Criminal Case No. 668 of 2019 for the offence
punishable under Section 138 of the Negotiable Instruments
Act; the proceedings of the Criminal Case No.668 of 2019 as
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well as the warrant dated 12.01.2024, so also all other
consequential proceedings arising pursuant thereto are hereby
ordered to be quashed and set-aside, qua the present applicant.
11. In view of the ratio laid down in the judgment in the case
of Sanjabij Tari Vs. Kishore S. Borcar and Another [2025
INSC 1158], the applicant is directed to deposit 7.5% of the
cheque amount, by way of costs with the District Legal Service
Authority, Patan, within a period of two weeks from the date of
this order.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
AMAR SINGH
