Gujarat High Court
Manoj Chandrakant Vithlani vs State Of Gujarat on 20 November, 2025
NEUTRAL CITATION
R/CR.MA/351/2023 ORDER DATED: 20/11/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 351 of 2023
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MANOJ CHANDRAKANT VITHLANI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR AFTABHUSEN ANSARI(5320) for the Applicant(s) No. 1,2
MR DHRUV K DAVE(6928) for the Respondent(s) No. 2
MR. PANAM C SONI(7035) for the Respondent(s) No. 2
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 20/11/2025
ORAL ORDER
1. Learned advocate Mr. Dhruv K. Dave appears and submits
that he has instructions to appear on behalf of the respondent
no.2 - original complainant and has already filed his
vakalatnama in the Registry.
2. By way of preferring the present application under Section
482 of the Code of Criminal Procedure, the applicants-accused
seek to invoke the inherent powers of this Court, praying to
quash and set-aside the Criminal Case No.60629 of 2019
pending in the Court of learned Additional Chief Metropolitan
Magistrate, Court No.27, Ahmedabad, for the offence
punishable under Section 138 of the Negotiable Instruments Act
as well as all other consequential proceedings arising pursuant
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R/CR.MA/351/2023 ORDER DATED: 20/11/2025
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thereto.
3. Today, when the matter is called out, the complainant,
who is personally present before this Court, has produced his
identity proof as well as the affidavit, which are ordered to be
taken on record. In the said affidavit, the complainant has
categorically stated that he has no grievance against the
applicants as he has received his dues, and the dispute has been
amicably resolved and there is no ill-will or any grievance
amongst them.
4. Considering the issue involved in the present application
as well as considering the fact that initially the petition was filed
on merits, however, later on, as 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 consent quashing.
5. RULE returnable forthwith. Learned APP Mr. Manan
Maheta waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Mr. Dhruv Dave
waives service of notice of rule for and on behalf of the
respondent no.2 - original complainant.
6. The complainant, who is personally present in the Court,
has categorically stated before this Court that he has no
objection if the application is allowed and the Criminal Case
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R/CR.MA/351/2023 ORDER DATED: 20/11/2025
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No.60629 of 2019 pending in the Court of learned Additional
Chief Metropolitan Magistrate, Court No.27, Ahmedabad, is
quashed and set-aside.
7. Thus, it appears from the aforesaid that to continue
further with the proceedings pursuant to the impugned order of
conviction would be a futile exercise and the same would
amount to abuse of process of law.
8. The relevant paragraph of the affidavit reads thus :
"2. It is stated that during the pendency of the captioned
application, the original complainant as well as the persons have
agreed to amicably, settle the dispute at hand, whereas, pending
the adjudication of the caption application for quashing, it is
agreed between the parties out of goodwill and an intention to
not prolong the dispute any further, that the complainant would
accept an amount of INR 1,10,00,000/- and in light of the same,
an amount of INR 1,10,00,000/- has been paid by the accused by
way of a demand draft, drawn on the Karur Vysya Bank Limited,
Ahmedabad Branch dated 04.11.2025 bearing Demand Draft
No.481307. Annexure R1 is the copy of Demand Draft.
3. By way of the said Demand Draft, the amount has been
received by the complainant and therefore in light of the same,
the complainant is agreeable to this Hon'ble Court quashing /
compounding the Criminal Case No.60629 of 2019 on the basis
of aforesaid settlement.
4. It is submitted that the dispute between the parties is
resolved and there are no surviving grievances. The settlement
arrived between us would be binding to me/my legal
representative and witnesses and all the affected persons with
respect to this offence as mentioned in Para-1 for all time to
come in future. I have settled this matter without any coercion
or force from the applicants/accused persons herein."
9. Having heard learned advocates appearing for the
respective parties as well as considering the facts and
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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. 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 of conviction 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 conviction and all
other consequential proceedings arising pursuant thereto are
required to be quashed and set-aside in exercise of the powers
conferred 482 of the Code of Criminal Procedure.
10. In the result, the application is allowed. The Criminal Case
No.60629 of 2019 pending in the Court of learned Additional
Chief Metropolitan Magistrate, Court No.27, Ahmedabad, for
the offence 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 applicants.
11. In view of the ratio laid down in the judgment in the case
of Sanjabij Tari Vs. Kishore S. Borcar and Another [2025
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INSC 1158], the applicants are directed to deposit 7.5% of the
cheque amount, by way of costs with the District Legal Service
Authority, Ahmedabad, within a period of two weeks from the
date of this order.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
AMAR SINGH
