Gujarat High Court
Hareshbhai Jentibhai Pandya vs State Of Gujarat on 8 July, 2025
NEUTRAL CITATION
R/CR.MA/18445/2017 ORDER DATED: 08/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 18445 of 2017
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HARESHBHAI JENTIBHAI PANDYA
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR HM PATEL for MR MAULIN G PANDYA(3999) for the Applicant(s) No. 1
MR TIRTHRAJ PANDYA, ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
RULE SERVED for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 08/07/2025
ORAL ORDER
1. By way of this application under Section 482 of the Code of
Criminal Procedure, 1973, the applicant has prayed to quash
and set aside the FIR being C.R.No.I-113 of 2017 registered with
Rajkot Taluka Police Station for the offences under Sections 406,
420 of Indian Penal Code and all the consequential proceedings
arising therefrom.
2. Heard learned advocates for the respective parties.
3. Learned advocate for the applicant after reading FIR would
submit that issue of civil nature has been given colour of
criminality to pressurize the petitioners. He would further
submit that there is delay of 9 months in filing the FIR and no
NEUTRAL CITATION
R/CR.MA/18445/2017 ORDER DATED: 08/07/2025
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proper explanation is forthcoming. He would further submit that
there is a dispute of recovery of amount and nothing else and the
complainant without availing proper remedy, just with a view to
pressurize the petitioner, filed the impugned FIR. In view of that,
prima facie, alleged offences are not attracted.
3.1. Upon above submissions, learned advocate for the
petitioner submitted to allow the application and quash the FIR.
4. On the other hand, learned APP after arguing to some
extent, failed to point out that how the offences u/s 406, 420,
114 of the IPC is made out, as commercial transaction between
the parties have been given colour of criminality. He has relied
upon the judgment of the Hon'ble Apex Court in case of Kaptan
Singh Vs. State of U.P., 2021(9) SCC 35 to submit that the Court
should not held mini trial at the stage where the FIR is sought to
be quashed. Upon such submission, he prays to pass necessary
orders.
4.1 Though served, none appears for the respondent No.2
5. Having heard learned advocates for both the sides and
considering the role of the present applicant in commission of
offence, it appears that there is a dispute of recovery of amount
and nothing else and the complainant without availing proper
remedy, just with a view to pressurize the petitioner, filed the
impugned FIR. Recently, Hon'ble Apex Court in the case of
Ashok kumar Jain v/s. State of Gujarat [SLP Criminal
NEUTRAL CITATION
R/CR.MA/18445/2017 ORDER DATED: 08/07/2025
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No.1850 of 2020], had addressed the issue and held that non
payment of sale price would be civil dispute. The findings of
Hon'ble Apex Court squarely covers the present issue.
6. In the result, the application is allowed. The impugned FIR
being C.R.No.I-113 of 2017 registered with Rajkot Taluka Police
Station as well as all consequential proceedings initiated in
pursuance thereof are hereby quashed and set aside qua the
petitioner herein. Rule is made absolute. Direct service is
permitted.
(J. C. DOSHI,J)
SHEKHAR P. BARVE
