Gujarat High Court
Bhagwandas Paramanand Murjani vs State Of Gujarat on 7 July, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/13082/2025 ORDER DATED: 07/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC. APPLICATION (FOR CONSENT QUASHING)
NO.13082 of 2025
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BHAGWANDAS PARAMANAND MURJANI
Versus
STATE OF GUJARAT & ANR.
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Appearance :
MR PARTH TRIVEDI FOR MR. HIREN M MODI for the Applicant.
MR HARDIK MEHTA, APP for the Respondent No.1
MR HARSH JOSHI for the Respondent No.2.
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 07/07/2025
ORAL ORDER
1. Heard the learned advocates appearing for the
respective parties. Learned advocate Mr. Harsh Joshi states that
she has an instructions to appear for the respondent No.2 -
complainant. He is permitted to file her 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
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R/CR.MA/13082/2025 ORDER DATED: 07/07/2025
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Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to
as "BNSS"), the applicant has prayed for quashing and setting
aside judgment and order dated 30.12.2024 passed by learned 4 th
Additional Chief Judicial Magistrate, Gandhidham - Kachchh in
Criminal Case No.2785 of 2023 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 compensation of Rs.9,30,000/- to the
complainant within a period of two months failing which the
applicant was ordered to undergo simple imprisonment for a
further period of one month.
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.75,000/- (being 15% of the cheque amount) towards the cost
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R/CR.MA/13082/2025 ORDER DATED: 07/07/2025
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before the registry of this Court within a period of four weeks from
today.
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 - Kundan Dhruvanarayan Prasad
dated 26.6.2025. Respondent No.2 is present in person before the
Court and are identified by learned advocate for respondent No.2.
On inquiry made by the Court, he has declared before this Court
that he has received the cheque amount from the applicant and
that the dispute between them is resolved due to intervention of
trusted persons of the society and therefore, now the grievance
stands redressed. He also submitted that he has no objection if the
impugned judgment convicting the present applicant is quashed. 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,
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R/CR.MA/13082/2025 ORDER DATED: 07/07/2025
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Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190
and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported
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 30.12.2024 passed by learned
4th Additional Chief Judicial Magistrate, Gandhidham - Kachchh in
Criminal Case No.2785 of 2023 is hereby quashed and set aside
qua the applicant on condition that the applicant shall deposit
a sum of Rs.75,000/- towards the cost before the Registry of
this Court within a period of four weeks from today. The
applicant is also directed to file an undertaking to the above effect
before the Registry of this Court within a period of one week from
today.
NEUTRAL CITATION
R/CR.MA/13082/2025 ORDER DATED: 07/07/2025
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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 is directed to disburse the said
amount of cost in favour of Gujarat State Legal Services Authority
forthwith.
Accordingly, Rule is made absolute. Direct service is
permitted.
(NIRZAR S. DESAI,J)
SAVARIYA
