Kalpeshkumar Rameshbhai Kanani vs State Of Gujarat
2025 Latest Caselaw 626 Guj

Gujarat High Court

Kalpeshkumar Rameshbhai Kanani vs State Of Gujarat on 7 July, 2025

Author: Nirzar S. Desai

Bench: Nirzar S. Desai

                                                                                                                          NEUTRAL CITATION




                             R/CR.MA/12505/2025                                           ORDER DATED: 07/07/2025

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                                      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                             R/CRIMINAL MISC. APPLICATION (FOR QUASHING & SET ASIDE
                                           FIR/ORDER) NO.12505 of 2025

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                                               KALPESHKUMAR RAMESHBHAI KANANI
                                                            Versus
                                                   STATE OF GUJARAT & ANR.
                        ==========================================================
                        Appearance :
                        MR HIRENKUMAR M NIYALCHANDANI for the Applicant.
                        MR DUSHYANT BHATT FOR MR PM DAVE for the Respondent No.2.
                        MR HARDIK MEHTA, APP for the Respondent No.1
                        =========================================

                         CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI

                                                              Date : 07/07/2025
                                                               ORAL ORDER

1. Heard the learned advocates appearing for the respective parties.

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 Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS"), the applicant has prayed for quashing and setting aside judgment and order dated 5.1.2023 passed by learned 9 th

NEUTRAL CITATION

R/CR.MA/12505/2025 ORDER DATED: 07/07/2025

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Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.3839 of 2019 by which the applicant came to be convicted for Section 25 of the Payment & Settlement Act and was directed to pay installments of ECS with 9% interest within a period of one month failing which the applicant was ordered to undergo further simple imprisonment for a period of two months.

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.

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.

NEUTRAL CITATION

R/CR.MA/12505/2025 ORDER DATED: 07/07/2025

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The learned advocate for respondent No.2 also relied upon the affidavit filed by Kiranbhai Sukhadiya S/o. Shree Rajeshkmar Sukhadiya, Authorized Officer of HDFC Bank dated 7.7.2025. Along with the affidavit, authority letter / Resolution passed by the Board of Directors of HDFC Bank Limited giving authority to various Officers of the HDFC Bank to represent and conduct the Court Proceedings was also produced wherein the name of the respondent No.2 figures at serial No.165. The same is also taken on record. Respondent No.2 is present in person before the Court and is 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 amount in dispute 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, 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

NEUTRAL CITATION

R/CR.MA/12505/2025 ORDER DATED: 07/07/2025

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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 5.1.2023 passed by learned 9 th Additional Chief Judicial Magistrate, Rajkot in Criminal Case No.3839 of 2019 is hereby quashed and set aside qua the applicant.

Accordingly, Rule is made absolute. Direct service is permitted.

(NIRZAR S. DESAI,J)

SAVARIYA