Gujarat High Court
Divyarajsinh Upendrasinh Rathod vs State Of Gujarat on 16 September, 2025
NEUTRAL CITATION
R/SCR.A/12674/2025 ORDER DATED: 16/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT
QUASHING) NO. 12674 of 2025
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DIVYARAJSINH UPENDRASINH RATHOD
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR SHIVRAJSINGH B RATHORE(10291) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
Date : 16/09/2025
ORAL ORDER
1) Rule. Learned Advocates waives service of rule for the respective
respondents.
2) By this petition under Articles 226 and 227 of the Constitution of
India, read with Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, the petitioner has sought quashing of the judgment and
order dated 26.08.2022, passed by the learned 11 th Additional Chief
Judicial Magistrate, Jamnagar in Criminal Case No.5105 of 2019, by
which the petitioner has been convicted and ordered to undergo
simple imprisonment for a period of one year and to pay the
amount of Rs.1,00,000/- towards compensation to the complainant
and in default of payment of the said amount, the petitioner to
undergo further simple imprisonment for a period of one month and
as the petitioner was not present when the judgment was
pronounced, the learned Magistrate issued warrant against the
petitioner.
NEUTRAL CITATION
R/SCR.A/12674/2025 ORDER DATED: 16/09/2025
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3) It appears that the settlement has been arrived at between the
complainant and present petitioner and the entire cheque amount
has been paid to the respondent complainant, which has been
confirmed by the complainant by Affidavit at Annexure B, which is
placed on record. The complainant do not wish to proceed further
and is willing to compound the offence. Accordingly, the petitioner
by filing this petition, seeks compounding of the offence under
Section 147 of the Negotiable Instruments Act.
4) The petitioner also submits that the petitioner is willing to deposit
costs as directed by the Supreme Court in case of Damodar S.
Prabhu Vs. Sayed Babalal H., reported in (2010) 5 SCC 633,
with the Legal Service Authority. The complainant in present in the
Court and affirms the factum of settlement as well as filing of
affidavit by him.
5) In case of Kripalsingh Pratapsingh Vs. Salvinder Kaur
Hardisingh Lohana reported in (2004)2 GLH 544, the
Coordinate Bench of this Court after considering various decisions
of the Apex Court, took a view that it would be permissible for the
High Court in exercise of its inherent powers under Section 482 of
the Code / Section 528 of the BNSS, to record the settlement
arrived at between the parties, merely alternate remedy available is
not a ground to refuse to compromise as offence is bailable and
compoundable one.
6) Thus, taking into account the fact of settlement, the compounding
of the offence is hereby permitted.
7) As a result, the petition is allowed. The judgment and order dated
26.08.2022, passed by the learned 11 th Additional Chief Judicial
Magistrate, Jamnagar in Criminal Case No.5105 of 2019, and
warrant issued by it are hereby quashed and set aside. The
petitioner is acquitted of the offences under the provisions of the
NEUTRAL CITATION
R/SCR.A/12674/2025 ORDER DATED: 16/09/2025
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Negotiable Instruments Act. The petitioner is directed to deposit
15% of the cheque amount i.e. Rs.15,000/- with the Gujarat
State Legal Services Authority within a period of one week from the
date of receipt of this order. Rule is made absolute to aforesaid
extent. Direct service permitted.
(HASMUKH D. SUTHAR,J)
ANKIT
