[Cites 1, Cited by 0]
Gujarat High Court
Virsangbhai Heduji Parmar vs State Of Gujarat on 20 April, 2026
NEUTRAL CITATION
R/CR.MA/8956/2026 ORDER DATED: 20/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 8956
of 2026
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VIRSANGBHAI HEDUJI PARMAR
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. HARSHAL S. PATEL(14220) for the Applicant(s) No. 1
MR. ROHAN SHAH, LD. ADDL. PUBLIC PROSECUTOR for the
Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI
Date : 20/04/2026
ORAL ORDER
1. Rule returnable forthwith. Mr. Rohan Shah, the learned
Additional Public Prosecutor, waives service of notice of rule for
and on behalf of the respondent No.1-State of Gujarat. Mr.
Prakash K. Desai, the learned advocate, has entered
appearance on behalf of the respondent No.2-original
complainant and waives service of notice of rule.
2. By this application under section 528 of the Bharatiya
Nagrik Suraksha Sanhita, 2023, the petitioner seeks to invoke
the inherent powers of this court, praying for quashing of the
order dated 17.02.2026 passed by the learned Judicial
Magistrate, First Class, Vadgam, District: Banaskantha in
Criminal Case No.1147 of 2025 on the ground that there has
been an amicable settlement between the parties and the
respondent No.2-original complainant is no longer desirous of
prosecuting the further with the matter. The respondent No.2-
Hadiyol Deepsinh Tejpalsinh is personally present and he
NEUTRAL CITATION
R/CR.MA/8956/2026 ORDER DATED: 20/04/2026
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confirms about the settlement arrived at with the accused
person. The respondent No.2- Hadiyol Deepsinh Tejpalsinh is
identified by his learned advocate Mr. Prakash K. Desai. Shri
Hadiyol Deepsinh Tejpalsinh has also filed an affidavit, inter
alia, stating as under:
"I, Hadiyol Deepsinh Tejpalsinh, aged 24. Reading at
village: Saklana, Taluka Vadgam. Dist Banaskantha do
hereby solemnly affirm and state as under:
I say and submit that the applicant many occasions came
at my village and we both doing same work and
therefore, we known to each other for last 3 years and
because of relationship applicant had purchased a cow
for me of amount of Rs.50,000/- and with regard to that
Rs 20,000/-given in cash and for remaining due amount
Ra. 40,000/-given cheque no. 000029 of Bank of Baroda,
Vadgam Branch on 14.07.2025 which was dishonored so I
had filed criminal case no. 1147 of 2025 under section
138 of N.I. Act in which after conclusion of trial Ld.
Judicial Magistrate First Class Vadgam, Dist Banaskantha
was convicted present applicant for 2 (two) year and
after the said conviction with the intervention of the
common friends and family members the matter is
amicably settled and I have received the amount for
which I had filed the criminal case before the concerned
court below and now if this hon'ble court may quashed
and set aside the order passed in Criminal Case No. 1147
of 2025 dated 17 02 2026 then I have no objection
what is stated above is true and correct to the best of my
knowledge and also without any coercion and belief and I
believe the same to be true.
Solemnly affirmed on 20th the day/s of April, 2026 at
Ahmedabad"
3. The applicant has also filed an undertaking, inter alia
stating therein that he will deposit 15% of the cheque amount
as fine, i.e, Rs.6,000/- within a week with the Gujarat State
NEUTRAL CITATION
R/CR.MA/8956/2026 ORDER DATED: 20/04/2026
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Legal Service Authority, as directed by this Court. The said
undertaking is placed, which is ordered to be taken on record.
4. Taking into consideration the nature of the dispute and
the fact that the parties have now amicably decided to live
peacefully, no useful purpose would now be served to proceed
further with the matter.
5. In the result, this application is allowed. The order dated
17.02.2026 passed by the learned Judicial Magistrate, First
Class, Vadgam, District: Banaskantha in Criminal Case No.1147
of 2025 is hereby ordered to be quashed. All consequential
proceedings arising from the same also stands terminated.
Rule is made absolute. The Registry shall accept the
Vakalatnama of Mr. Prakash K. Desai, the learned advocate
appearing on behalf of the respondent No.2.
Direct service is permitted.
(DIVYESH A. JOSHI,J)
VAHID
