Gujarat High Court

Kusum Lalit Sharaf vs Gopal Jitendrabhai Bhatt on 2 July, 2025

                                                                                                             NEUTRAL CITATION




                             R/SCR.A/3884/2015                               ORDER DATED: 02/07/2025

                                                                                                             undefined




                                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 3884 of 2015

                       ==========================================================
                                                   KUSUM LALIT SHARAF & ANR.
                                                              Versus
                                                 GOPAL JITENDRABHAI BHATT & ANR.
                       ==========================================================
                       Appearance:
                       MR. SHALIN J PATEL(14556) for the Applicant(s) No. 1,2
                       MR ANIP A GANDHI(2268) for the Respondent(s) No. 1
                       MR. TIRTHRAJ PANDYA, APP for the Respondent(s) No. 2
                       ==========================================================

                          CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                         Date : 02/07/2025

                                                          ORAL ORDER

On the ground that the property mortgaged by the loanee was sold by the accused without obtaining a No Objection Certificate (NOC) from the bank, the present FIR came to be registered. When the matter was taken up for hearing, learned advocate Mr. Shalin Patel appearing for the petitioners placed on record a No Dues Certificate issued by the State Bank of India (SBI), dated 19.03.2018.

Learned advocate Mr. Raju Kothari, appearing on behalf of learned advocate Mr. Anip Gandhi for respondent No.1, submitted that the loan in question has been duly repaid and no outstanding dues remain against the loanee.

The emphatic submission advanced by learned advocate Mr. Raju Kothari clearly indicates that the SBI has no subsisting grievance or objection with regard to the quashment of the FIR, in

NEUTRAL CITATION

R/SCR.A/3884/2015 ORDER DATED: 02/07/2025

undefined

view of the fact that the matter has been amicably resolved and all dues, including the principal and interest, stand fully discharged.

In view of the foregoing, and taking guidance from the judgment of the Hon'ble Apex Court in Suresh C. Singal v. State of Gujarat, reported in 2025 INSC 495, this Court is of the considered opinion that no fruitful purpose would now be served by compelling the petitioner to undergo the rigors of trial.

In view of the above, the present petition deserves to be allowed, and it is accordingly allowed. The FIR, being C.R. No. I- 102 of 2015, registered with Kosamba Police Station, along with all subsequent proceedings arising from it, is hereby quashed and set aside qua the petitioners herein. The rule is made absolute. Direct service is permitted.

(J. C. DOSHI,J) MANISH MISHRA