[Cites 1, Cited by 0]
Gujarat High Court
Rajput Hitendra Madhavsinh vs State Of Gujarat on 16 January, 2026
NEUTRAL CITATION
R/SCR.A/632/2026 ORDER DATED: 16/01/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
632 of 2026
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RAJPUT HITENDRA MADHAVSINH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR DAIVAT S BHATT(11162) for the Applicant(s) No. 1
MR KRUTIK PARIKH, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 16/01/2026
ORAL ORDER
1. Present application is preferred by the Petitioner under
Section 482 of the Code of Criminal Procedure, seeking quashing
of the order dated 18.10.2025 passed by the 27 th Addl. Chief
Judicial Magistrate, Ahmedabad in Criminal Case No.51667 of
2022.
2. Heard learned Advocate for the Applicant and learned APP
for the Respondent - State.
3. Rule. Learned APP waives service of notice for and on
behalf of the respondent - State.
4. Learned Advocate for the Petitioner has submitted that the
matter has been amicably settled between the parties and they
are now not willing to proceed with the complaint any further.
NEUTRAL CITATION
R/SCR.A/632/2026 ORDER DATED: 16/01/2026
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5. Leaned Advocate appearing on behalf of Respondent No. 2
(Original Complainant), who is present before this Court, has
placed on record duly sworn in Affidavit dated 06.01.2026. The
same is ordered to be taken on record. Learned Advocate has
submitted that matter has been amicably settled between the
parties and the complainant - Piyush Jashwantbhai Patel, who
is present before the Court, has no objection, if present
application is allowed. The affidavit reads thus:
"I, Piyush Jashvantbhai Patel, age: 39 Years, Male,
Hindu, Occupation: Business, having address at. J 325,
Sumel Business Park-6, Nr. Hanumanpura BRTS,
Shahibaug, Ahmedabad that, 380004, solemnly affirm and
state on oath
1. That, I am the Original Complainant in connection with
the Criminal Case No. 51667/2022, filed against the present
Petitioner, before the 27th Additional Chief Judicial
Magistrate Court, Ahmedabad City. I further say that all the
issues between the parties above mentioned are amicably
settled and resolved peacefully out of the court.
2. I say that I have gone through with this memo of Petition
and I am fully conversant with the facts and circumstances
of this case and therefore I am duly competent to execute
this affidavit. At the outset, I say that the facts stated in the
memo of Petition are not disputed by me.
NEUTRAL CITATION
R/SCR.A/632/2026 ORDER DATED: 16/01/2026
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3. It is summited that, on Dt.29.12.2025, the settlement
agreement has been signed by the both the
partiesmentioned above and the entire cheque amount has
been paid to me by the Petitioner. Hence, I do not wish to
proceed further and is willing to compound the offence.
4. In the facts and circumstances as narrated above, I on my
free will, wish and desire stating on oath that I do not wish
to prosecute the criminal proceedings with the Petitioner as
the dispute and differences between us have been amicably
settled and resolved peacefully. I state that this Special
Criminal Application for quashing the impugned Judgment
and Order dated 18.10.2025, passed in Criminal Case No.
51667 / 2022 be allowed in the interest of justice.
What is stated hereinabove is true to the best of my personal
knowledge, information and belief and I believe the same to
be true and correct."
6. Considering averments made in the Affidavit as also the
submissions made by the learned Advocates for the respective
parties, the present Application deserves to be allowed and is
hereby allowed. The order dated 18.10.2025 passed by the 27 th
Addl. Chief Judicial Magistrate, Ahmedabad in Criminal Case
No.51667 of 2022 is hereby quashed and set aside. Rule is made
absolute.
(M. R. MENGDEY,J)
NABILA
