Gujarat High Court
Kodiyatar Punjabhai Jivabhai vs State Of Gujarat on 17 July, 2025
Author: Nirzar S. Desai
Bench: Nirzar S. Desai
NEUTRAL CITATION
R/CR.MA/10759/2025 ORDER DATED: 17/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 10759 of 2025
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KODIYATAR PUNJABHAI JIVABHAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR VISHVARAJSINH D VAGHELA(13666) for the Applicant(s) No. 1
NOTICE SERVED TO CONCERNED POLICE STATION HOWEVER,
SERVICE REPORT NOT FILED BY POLICE STATION for the Respondent(s)
No. 2
MR KANVA ANTANI APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE NIRZAR S. DESAI
Date : 17/07/2025
ORAL ORDER
1. Heard the learned advocates appearing for the
respective parties. Learned advocate Mr. R D Gohil states that
he has an instructions to appear for the respondent No.2 -
complainant. He is permitted to file his 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
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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 the impugned judgment and order of conviction
dated 04.01.2025 passed in criminal case No.23659 of 2023 by
the 3rd Additional Chief Judicial Magisrate, Rajkot under
Section 25 of the Payment and Settlement Act 2007 as well as
all other consequential proceedings arising out of the aforesaid
FIR qua the applicant.
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 order
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
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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 order 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 - Kiran s/o.
Rajeshkumar Sukhadiya dated 17.07.2025. 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,
respondent No.2 has declared before this Court that the dispute
between the applicant and respondent No.2 is resolved due to
intervention of trusted persons of the society and therefore,
now the grievance stands redressed and hence, he does not
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have any objection if the impugned order 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 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
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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 of conviction dated 04.01.2025
passed in criminal case No.23659 of 2023 by the 3 rd Additional
Chief Judicial Magisrate, Rajkot under Section 25 of the
Payment and Settlement Act 2007 is hereby quashed and set
aside qua the applicant. Consequently, all other proceedings
arising out of the aforesaid order are also quashed and set
aside qua the applicant. Accordingly, Rule is made absolute.
Direct service is permitted.
(NIRZAR S. DESAI,J)
BHAVIN MEHTA
