[Cites 3, Cited by 0]
Gujarat High Court
Laxmanbhai Babulal Patel vs State Of Gujarat on 29 April, 2026
NEUTRAL CITATION
R/CR.MA/10044/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
10044 of 2026
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LAXMANBHAI BABULAL PATEL
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR PIYUSH B TRIVEDI(12401) for the Applicant(s) No. 1
MR.RONAK RAVAL, APP for the Respondent(s) No. 1
JITENDRA PATEL for RESPONDENT NO.2
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 29/04/2026
ORAL ORDER
1. The present application is filed under section 528 of
Bharatiya Nagrik Suraksha Sanhita, 2023 for quashment
of the judgment and order dated 26.06.2025 passed in
Criminal Case No.7759/2023 by the learned 5 th JMFC,
Gandhinagar whereby, the present applicant was
convicted for the offence punishable under section 138
of the N.I.Act.
2. At the outset it is submitted by learned advocates for the
respective parties that the dispute is resolved between
the parties and the complainant has agreed for
quashment of the order of conviction.
3. This Court has referred the affidavit of the complainant,
NEUTRAL CITATION
R/CR.MA/10044/2026 ORDER DATED: 29/04/2026
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which is at page 24 and reproduced hereinbelow:
"I, Sangitbane Keshrisinh Rathod, Age: 53 Years, Female, Residing
at Plot No.394/2, Sector 5-A, Nana G/2, Gandhinagar, do hereby
in capacity as the victim of the case solemnly affirm and state on
oath as under:
1. That I state and submit that I had lodged a private complaint
being Criminal Case No.7759 of 2023, which upon trial being
conducted, the applicant has been convicted vide the judgment
and order of conviction and sentence dated 26.06.2025.
2. I state and submit that after the judgment is pronounced, an
amicable settlement has been arrived at between me and the
applicant and the applicant has paid the entire cheque amount to
me i.e. Rs.2,00,000/- in cash and so therefore, I do not have any
objection if the impugned judgment and order of conviction and
sentence is quashed and set aside rather I give my free consent
for quashmnet of the same.
3. I state and submit that I am filing this affidavit without there
being any force or coercion and the affidavit is filed upon my on
volition. I further undertake that myself shall remain present
before the Honourable High Court if required during the hearing
of the present application.
4. Having heard learned counsel appearing for the
respective parties, as well as considering the facts and
circumstances arising out of the present application and
also taking into consideration the decisions rendered in
the cases of Gian Singh Vs. State of Punjab & Anr.,
reported in (2012) 10 SCC 303, Madan Mohan Abbot
NEUTRAL CITATION
R/CR.MA/10044/2026 ORDER DATED: 29/04/2026
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Vs. State of Punjab, reported in (2008) 4 SCC 582,
Nikhil Merchant Vs. Central Bureau of
Investigation & Anr., reported in 2009 (1) GLH 31,
Manoj Sharma Vs. State & Ors., reported in 2009 (1)
GLH 190 and Narinder Singh & Ors. Vs. State of
Punjab & Anr. 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 criminal proceedings in relation to the
impugned FIR and the Criminal Case against the
applicants-accused would be an unnecessary harassment
to the applicants-accused. It further appears that the
trial would be a futile exercise and further continuing
with the criminal proceedings pursuant to the impugned
FIR and the Criminal Case would amount to abuse of
process of law. Hence, to secure the ends of justice, the
impugned FIR as well as the proceedings of the Criminal
Case, so also all other consequential proceedings are
required to be quashed and set aside in exercise of the
powers conferred under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
5. This Court has referred the decision of the Apex Court in
NEUTRAL CITATION
R/CR.MA/10044/2026 ORDER DATED: 29/04/2026
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the case of Sanjabij Tari Vs Kishore.S.Borcar
reported in 2025 SCC OnLIne SC 2069 wherein, it is
held that after conviction if the matter is resolved
between the parties, then cost at the rate of 7.5% would
be deposited with the Legal Aid Services Authority.
6. Considering the overall submissions and the fact that the
parties have amicably settled the dispute, the judgment
and order of conviction, of the learned trial court is
hereby quashed.
7. The present applicant is directed to deposit the amount
of Rs.16,000/- within a period of one week from today
with the High Court Legal Aid Services Authority.
(M. K. THAKKER,J)
ARCHANA S. PILLAI
