Gujarat High Court
Sandeepkumar Ravjibhai Parmar vs State Of Gujarat on 18 November, 2025
NEUTRAL CITATION
R/CR.MA/23693/2025 ORDER DATED: 18/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
23693 of 2025
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SANDEEPKUMAR RAVJIBHAI PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
A N KADRI(7990) for the Applicant(s) No. 1
MS. KRINA CALLA ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 18/11/2025
ORAL ORDER
1. Learned advocate Mr.Amman Saiyed appears and
submits that he has instructions to appear on behalf of the
respondent no.2 - complainant. He is permitted to file his
appearance. Registry shall accept his vakalatnama.
1.1 RULE returnable forthwith. Learned APP Ms. Krina
Calla waives service of notice of rule for and on behalf of the
respondent no.1 - State of Gujarat. Mr.Amman Saiyed,
learned advocate has entered appearance and waives service
of notice of rule for and on behalf of the respondent no.2 -
original complainant.
2. By this application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter
NEUTRAL CITATION
R/CR.MA/23693/2025 ORDER DATED: 18/11/2025
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referred to as "the BNSS"), the applicant seeks to invoke the
inherent powers of this Court, praying for quashing and
setting aside the Order dated 10.1.2025 passed in Criminal
Case No. 2863 of 2021 by the learned 5 th Additional Chief
Judicial Magistrate, Nadiad, as well as the order dated
4.10.2025 passed in the Criminal Appeal No. 74 of 2025
passed by the learned 6th Additional Sessions Judge,
Nadiadf for the offence punishable under Section 138 of the
Negotiable Instruments Act, on the ground that the parties
have amicably resolved the dispute.
3. An affidavit dated 16th October 2025 has been filed on
behalf of the respondent no.2 - original complainant, inter
alia, stating as under :
" That after pronouncement of the aforesaid judgments,
with the intervention of family members, elders and
well-wishers, the entire dispute between myself and the
petitioner has been amicably settled. I hereby
acknowledge that I have received the entire cheque
amount along with mutually agreed settlement
consideration and there is no surviving grievance
against the petitioner"
4. It appears from the affidavit that the applicant has
already paid an amount of cheque to the tune of Rs.
1,50,000 to the complainant
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R/CR.MA/23693/2025 ORDER DATED: 18/11/2025
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5. Taking into consideration the fact that the parties have
amicably resolved the dispute, no useful purpose would now
be served to continue further with the proceedings arsing
out of the Criminal case and Criminal Appeal.
6. In the result, this application is allowed. The Order
dated 10.1.2025 passed in Criminal Case No. 2863 of 2021
by the learned 5th Additional Chief Judicial Magistrate,
Nadiad, as well as the order dated 4.10.2025 passed in
Criminal Appeal No. 74 of 2025 by the learned 6 th Additional
Sessions Judge, Nadiad are hereby ordered to be quashed
and set aside. All consequential proceedings arising
pursuant thereto shall also stand quashed qua the
applicant.
Rule made absolute. Direct service is permitted.
7. In view of the ratio laid down by the Supreme Court in
the case of Sanjabij Tari Vs. Kishore S. Borcar [2025
INSC 1158], the applicant is directed to deposit 7.5 % of
the cheque amount, by way of costs, with the District Legal
Services Authority, Nadiad at Kheda within a period of 2
weeks from the date of this order.
8. Learned advocate Mr. Kadri appearing for the
applicant has submitted that at the time of filing of the
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R/CR.MA/23693/2025 ORDER DATED: 18/11/2025
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Appeal before the learned Sessions Court the present
applicant had deposited Rs. 22,500/- before the Court of
learned Sessions Court, Kheda at Nadiad which shall be
adjusted against the costs to be deposited with the District
Legal Services Authority and the remaining may be refunded
to the applicant.
(VIMAL K. VYAS, J)
MARY VADAKKAN
