[Cites 11, Cited by 0]
Gujarat High Court
Jigneshbhai Poonamchand Shah vs State Of Gujarat on 12 March, 2026
NEUTRAL CITATION
R/CR.MA/5880/2026 ORDER DATED: 12/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 5880
of 2026
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JIGNESHBHAI POONAMCHAND SHAH
Versus
STATE OF GUJARAT & ANR.
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Appearance:
ANURAG R RATHOR(9315) for the Applicant(s) No. 1
MR. MANAN MAHETA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 12/03/2026
ORAL ORDER
1. Learned advocate Mr. Nayan Gupta appears and submits
that he has instructions to appear on behalf of the respondent
no.2 - original complainant. He is permitted to file his
appearance. 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 First Information
Report being I-C.R. No. 8 of 2016 registered with the Manjalpur
Police Station, District Vadodara, for the offences punishable
under Sections 406, 409, 420, 465, 467, 468, 471, 120B of the
Indian Penal Code, as well as the charge-sheet and the
proceedings of the Criminal Case No.23742 of 2016 pending
before the learned trial Court, Varodara, so also all other
NEUTRAL CITATION
R/CR.MA/5880/2026 ORDER DATED: 12/03/2026
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consequential proceedings arising pursuant thereto.
3. Today, when the matter is called out, the complainant is
present before this Court through virtual mode. He has also
filed an affidavit, which is annexed at Annexure 'B' to the
application. The complainant has admitted the contents of the
affidavit and has specifically stated that out of Rs.74,98,647/-,
he has received Rs. 20,00,000/- as full and final settlement
amount, through a demand draft dated 05.02.2026 of the HDFC
Bank Ltd. In the said affidavit, the complainant has also
categorically stated that with the intervention of the friends,
family members and community people, the dispute has been
amicably resolved with the applicant and there is no ill-will or
any grievance amongst them.
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.1 - State and learned advocate Mr. Nayan Gupta
waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
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R/CR.MA/5880/2026 ORDER DATED: 12/03/2026
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6. Learned advocate for the applicant-accused has submitted
that since the dispute has been amicably resolved between the
parties, the application may be allowed and the impugned FIR,
the charge-sheet as well as the proceeding of the criminal case,
may be quashed and set-aside.
7. 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 impugned
FIR is quashed and set-aside. Thus, it appears from the
aforesaid that sending the applicant-accused to face the trial
would be nothing but a futile exercise and would amount to
abuse of process of law.
8. The relevant paragraphs of the affidavit filed by the
complainant - Bimal Ranchhodbhai Patel, read thus :
"2. I say and submit that during the pendency of the
proceedings, with the help of friends and family, the matter
between the company and the applicant is resolved, and I
therefore do not wish to proceed with the F.I.R. and further
proceedings arising out of the same qua the applicant
3. It is respectfully stated and submitted that Applicant and
Respondent No. 2 have amicably resolved all their financial
disputes and pursuant thereto, the respondent no.2 has paid a
sum of Rs 20,00,000/- towards the settlement amount which has
been paid by demand draft dated 05.02.2026 of HDFC Bank Ltd.
in favour of our company Delair India Private Limited. The said
amount is being paid as a part of full and final settlement and
now there is no due amount to be received from the present
petitioner. In view of the aforesaid settlement and complete
resolution of disputes. Respondent No. 2 has no objection if the
present FIR and all consequential proceedings arising there from
are quashed qua the present applicant.
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4. I say and submit that one of the factors that had weighed
me that ultimately amicably resolved, and I do not wish to
proceed with the FIR filed by me against the present petitioner
and if the impugned FIR and chargesheet is quashed qua the
present applicant, then I do not have any objection.
5. I say and submit that I am filing this affidavit as I am
aware of the facts and circumstances of the present case, and
after registration of the FIR, the dispute between me and the
applicant came to be amicably resolved. I say and submit that the
dispute is settled with the help of friends, relatives and people of
the community, and now no grievance exists amongst us. Hence,
since I am conforming and consenting to the quashing of the case
qua the present applicant, the present application may be kindly
considered.
6. I say and submit that in view of this amicable settlement,
if the Hon'ble Court please to quash the proceedings against the
present applicant, I have no objection. I am filing this affidavit of
my free will and wish without there being any undue threats or
pressure."
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 further continuation of the criminal proceedings in
relation to the impugned FIR, the charge-sheet and the criminal
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case against the applicant-accused would be nothing but
unnecessary harassment to the applicant-accused. It further
appears that the trial would be a futile exercise and continuing
further with the criminal proceedings pursuant to the impugned
FIR, the charge-sheet and the criminal case would amount to
abuse of process of law. Hence, to secure the ends of justice,
the impugned FIR, the charge-sheet and the proceedings of the
criminal case as well as all other consequential proceedings
arising pursuant thereto are required to be quashed and set-
aside in exercise of the powers conferred under Section 528 of
the Bharatiya Nagarik Suraksha Sanhita, 2023.
10. In the result, the application is allowed. The First
Information Report being I-C.R. No. 8 of 2016 registered with
the Manjalpur Police Station, District Vadodara, for the
offences punishable under Sections 406, 409, 420, 465, 467,
468, 471, 120B of the Indian Penal Code, as well as the charge-
sheet and the proceedings of the Criminal Case No.23742 of
2016 pending before the learned trial Court, Varodara, so also
all other consequential proceedings arising pursuant thereto are
hereby ordered to be quashed and set-aside, qua the present
applicant only.
11. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
AMAR SINGH
