Gujarat High Court
Ashishkumar Ratilal Soni vs State Of Gujarat on 19 November, 2025
NEUTRAL CITATION
R/CR.MA/18899/2025 ORDER DATED: 19/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
18899 of 2025
With
CRIMINAL MISC.APPLICATION (FOR JOINING PARTY) NO. 1 of 2025
In R/CRIMINAL MISC.APPLICATION NO. 18899 of 2025
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ASHISHKUMAR RATILAL SONI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. BHAUMIK P PATEL(7510) for the Applicant(s) No. 1
MS. KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 19/11/2025
ORAL ORDER
Order in Criminal Misc. Application (for joining party) No. 1
of 2025:
1. Rule returnable forthwith. Learned APP Ms. Krina Calla waives
service of notice of rule for and on behalf of the respondent- State.
2. The present application has been filed by the applicant
seeking impleadment of the heirs of the complainant.
3. Considering the averments made in the application, the
present application for joining the heirs of the respondent no.2 -
complainant deserves consideration and the same is hereby
allowed.
5. The applicant is permitted to join the respondents Nos.2.1 to
2.3 as necessary party in the captioned Criminal Misc. Application
No. 18899 of 2025.
6. Rule made absolute to the aforesaid extent.
NEUTRAL CITATION
R/CR.MA/18899/2025 ORDER DATED: 19/11/2025
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Order in Criminal Misc. Application No. 18899 of 2025
1. The amendment is allowed. The same shall be carried out
forthwith.
2. Learned advocate Mr.Kaival Patel appears and submits that he
has instructions to appear on behalf of the respondents nos.2.1 to
2.3 - complainant. He is permitted to file his appearance. Registry
shall accept his vakalatnama.
3. By way of preferring the present application under Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-
accused seeks to invoke the inherent powers of this Court, praying
to quash and set-aside the order dated 16.06.2021 passed by the
learned Principal Civil Judge and Judicial Magistrate First Class, Harij,
in Criminal Case No.414 of 2013, for the offence punishable under
Section 138 of the Negotiable Instruments Act as well as all other
consequential proceedings arising pursuant thereto.
4. Today, when the matter is called out, the complainants, who
are personally present before this Court, have produced their
identity proof as well as the affidavits which are ordered to be taken
on record. In the said affidavits, the complainants have categorically
stated that they have received their dues and the dispute has been
amicably resolved. The complainants have further stated that they
have no grievance or ill-will against the applicant.
5. Considering the issue involved in the present application as
well as considering the fact that the dispute has been amicably
resolved between the parties, with the consent of learned
advocates appearing for the respective parties, the present
application is taken up for final disposal.
NEUTRAL CITATION
R/CR.MA/18899/2025 ORDER DATED: 19/11/2025
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6. RULE returnable forthwith. Learned APP Ms.Krina Calla waives
service of notice of rule for and on behalf of the respondent no.1 -
State and learned advocate Mr.Kaival Patel waives service of notice
of rule for and on behalf of the respondent nos.2.1 to 2.3 -
complainant.
7. The complainants, who are personally present in the Court,
have categorically stated before this Court that the dispute has
been resolved and they have no objection if the application is
allowed and the impugned order is quashed and set-aside.
8. The relevant paragraph of the respective affidavits reads
thus :
" I further say and submit that there remains no grievance
between me and the present petitioner for the alleged
offence and I no longer wish that the petitioner faces any
incarceration, I voluntarily give my consent without any
force or coercion for the quashing of the said impugned
judgment and order at Annexure -A".
9. Thus, it appears from the aforesaid that to continue further
with the proceedings pursuant to the impugned order would be
a futile exercise and the same would amount to abuse of
process of law.
10. Having heard learned advocates appearing for the respective
parties as well as considering the facts and circumstances arising
out of the present application and taking into consideration the
decisions rendered in the cases of Gian Singh vs. State of
Punjab & Another, 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 & Another,
reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others,
reported in (2009) 1 GLH 190, and Narinder Singh & Others vs.
NEUTRAL CITATION
R/CR.MA/18899/2025 ORDER DATED: 19/11/2025
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State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as
well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC
604, it appears that continuing further with the proceedings
pursuant to the impugned order would be a futile exercise and the
same would amount to abuse of process of law. Hence, to secure
the ends of justice, the impugned order and all other consequential
proceedings arising pursuant thereto are required to be quashed
and set-aside in exercise of the powers conferred 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
11. In the result, the application is allowed. The order dated
16.06.2021 passed by the learned Principal Civil Judge and Judicial
Magistrate First Class, Harij, in Criminal Case No.414 of 2013, for
the offences punishable under Section 138 of the Negotiable
Instruments Act, as well as all other consequential proceedings
arising pursuant thereto are hereby ordered to be quashed and set-
aside qua the applicant.
12. Rule made absolute. Direct service is permitted.
13. 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 Service Authority,
Ahmedabad, within a period of 2 weeks from the date of this order.
(VIMAL K. VYAS, J)
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