[Cites 3, Cited by 0]
Gujarat High Court
Vinodbhai P Nagani S/O Pragjibhai R ... vs State Of Gujarat on 3 December, 2025
NEUTRAL CITATION
R/CR.MA/23558/2025 ORDER DATED: 03/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
23558 of 2025
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VINODBHAI P NAGANI S/O PRAGJIBHAI R NAGANI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR YOGESH G KANADE(3114) for the Applicant(s) No. 1
DS AFF.NOT FILED (N) for the Respondent(s) No. 2
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 03/12/2025
ORAL ORDER
1. Learned advocate Ms. Poonam Choudhary appears and
submits that she has instructions to appear on behalf of the
respondent no.2 - complainant. She is permitted to file her
appearance. Registry shall accept her vakalatnama.
2. By way of filing the present application under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-
accused has prayed to quash and set-aside the impugned order
dated 28.11.2024 passed by the learned 9 th Additional Chief Judicial
Magistrate, Rajkot, in Criminal Case no.363 of 2019 and all other
consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant, who is
NEUTRAL CITATION
R/CR.MA/23558/2025 ORDER DATED: 03/12/2025
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personally present before this Court, has produced his identity proof
as well as the affidavit, which are ordered to be taken on record. In
the said affidavit, the complainant has categorically stated that the
dispute between him and the applicant-accused 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 Ms. Poonam Choudhary waives
service of notice of rule for and on behalf of the respondent no.2 -
complainant.
6. The complainant, who is personally present before this Court,
has categorically stated before this Court that the dispute has been
resolved and he has no objection if the application is allowed and
the impugned order is quashed and set-aside.
7. The relevant paragraph of the affidavit reads thus :
NEUTRAL CITATION
R/CR.MA/23558/2025 ORDER DATED: 03/12/2025
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" 4. Therefore I support the prayer of quashing all
consequential proceedings arising out of application u/s 25 of
Payment of Settlement and therefore, It is settled according
to rule and regulation of the company and therefore being
authorised officer of the complainant Bank I support to
quashed and set aside all consequential proceedings prior
and after arising out of complaint i.e. Criminal case No.
363/2019 including judgment dated 28/11/2024."
8. Thus, it appears from the aforesaid that to continue further
with the proceedings pursuant to the impugned order would be a
futile exercise and the same would amount to abuse of process of
law.
9. Having heard learned advocates appearing for the 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.
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R/CR.MA/23558/2025 ORDER DATED: 03/12/2025
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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 proceedings
pursuant to the criminal case would be a futile exercise and the
same would amount to abuse of process of law. Hence, to secure
the ends of justice, the proceedings of the criminal case and 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 order dated
28.11.2024 passed by the learned 9 th Additional Chief Judicial
Magistrate, Rajkot, in Criminal Case no.363 of 2019, as well as all
other consequential proceedings arising pursuant thereto, are
hereby ordered to be quashed and set-aside.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
DEEPAK GEHLOT
