[Cites 5, Cited by 0]
Gujarat High Court
Viren Mohanbhai Vaghani vs Sandip Manjibhai Dhameliya on 3 February, 2026
NEUTRAL CITATION
R/CR.MA/27455/2025 ORDER DATED: 03/02/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 27455 of 2025
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VIREN MOHANBHAI VAGHANI
Versus
SANDIP MANJIBHAI DHAMELIYA & ANR.
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Appearance:
MR. YASHPALSINH B. KHER, ADVOCATE FOR MR BM MANGUKIYA(437)
for the Applicant(s) No. 1
MS BELA A PRAJAPATI(1946) for the Applicant(s) No. 1
MR. MANAN MAHETA, APP for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 03/02/2026
ORAL ORDER
1. Learned advocate Mr. Pravin B. Bhackan appears and
submits that he has instructions to appear on behalf of the
respondent no.1 - original complainant. Registry shall accept
his vakalatnama.
2. 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 judgment and order
dated 03.12.2025 passed by the learned 13 th Additional Sessions
Judge and Special Judge (Atrocity), Surat, in Criminal Appeal
No.162 of 2025 as well as the judgment and order dated
01.02.2025 passed by the learned 3 rd Additional Chief Judicial
NEUTRAL CITATION
R/CR.MA/27455/2025 ORDER DATED: 03/02/2026
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Magistrate, Surat, in Criminal Case No. 7189 of 2022, for the
offence punishable under Section 138 of the Negotiable
Instruments Act as well as all other consequential proceedings
arising pursuant thereto.
3. Today, when the matter is called out, the complainant is
present before this Court through virtual mode. Learned
advocate appearing for the applicant has submitted an identify
proof as well as affidavit of the complainant, which are ordered
to be taken on record. In the said affidavit, the complainant has
categorically stated that he has no grievance against the
applicant as he has already received his dues. He has further
stated that since the dispute has been amicably resolved and
now there is no ill-will or any grievance amongst them, the
impugned judgments and orders may be quashed and set aside.
4. 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 the
learned advocates appearing for the respective parties, the
present application is taken up for final disposal.
5. RULE returnable forthwith. Learned APP Mr. Manan
Maheta waives service of notice of rule for and on behalf of the
respondent no.2 - State and learned advocate Mr. Pravin B.
Bhackan waives service of notice of rule for and on behalf of the
respondent no.1 - complainant.
NEUTRAL CITATION
R/CR.MA/27455/2025 ORDER DATED: 03/02/2026
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6. The complainant, who is present in the Court through
virtual mode, has categorically stated before this Court that he
has no objection if the application is allowed and the judgment
and order of conviction and sentence dated 03.12.2025 passed
by the learned 13th Additional Sessions Judge and Special Judge
(Atrocity), Surat, in Criminal Appeal No.162 of 2025 as well as
the judgment and order dated 01.02.2025 passed by the learned
3rd Additional Chief Judicial Magistrate, Surat, in Criminal Case
No. 7189 of 2022, are quashed and set-aside.
7. Thus, it appears from the aforesaid that to continue
further with the proceedings pursuant to the impugned
judgments and orders would be a futile exercise and the same
would amount to abuse of process of law.
8. The relevant paragraphs of the affidavit, filed by the
complainant - Sandip Manjibhai Dhameliya, read thus :
"3. I say that the petitioner thereafter preferred the aforesaid
Criminal Misc. Application No.27455 of 2025 since the
settlement has been arrived at by and between the petitioner and
myself on account of the intervention of the elders of the family. I
say that the settlement deed is executed between myself and the
petitioner on 17.12.2025, wherein it has been stated that towards
the settlement, I have received full and final payment of Rs.
1,45,000/- and all the accounts have been settled between the
parties and, therefore, I have no objection if the aforesaid
judgment is set aside. The copy of the settlement deed is placed
at Annexure-C at page 60 alongwith the memo of the petition.
4. I say that in view of the aforesaid settlement arrived at
between myself and the petitioner, no grudge or grievance
survives and I have no objection if the judgment and order of
NEUTRAL CITATION
R/CR.MA/27455/2025 ORDER DATED: 03/02/2026
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conviction passed by the learned 3rd Additional Chief Judicial
Magistrate, Surat in Criminal Case No.7189 of 2022 dated
01.02.2025, which is confirmed by the learned 13th Additional
Sessions Judge, Surat, in Criminal Appeal No.162 of 2025 dated
03.12.2025 are quashed. I say that since the dispute is amicably
settled between myself and the petitioner, no grudge or
grievance remains and the affidavit is being filed without any
undue influence or coercion."
9. 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. 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 judgments and orders 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 judgments
and orders 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.
NEUTRAL CITATION
R/CR.MA/27455/2025 ORDER DATED: 03/02/2026
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10. In the result, the application is allowed. The judgment and
order of conviction and sentence dated 03.12.2025 passed by
the learned 13th Additional Sessions Judge and Special Judge
(Atrocity), Surat, in Criminal Appeal No.162 of 2025 as well as
the judgment and order dated 01.02.2025 passed by the learned
3rd Additional Chief Judicial Magistrate, Surat, in Criminal Case
No. 7189 of 2022, 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 applicant.
11. In view of the ratio laid down in the case of Sanjabij Tari
Vs. Kishore S. Borcar and Another [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, Surat,
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
