[Cites 13, Cited by 0]
Gujarat High Court
Anandbhai Baddevbhai Desai vs State Of Gujarat on 6 March, 2026
NEUTRAL CITATION
R/CR.MA/5366/2026 ORDER DATED: 06/03/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 5366
of 2026
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ANANDBHAI BADDEVBHAI DESAI
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. ALOK M THAKKAR(6510) for the Applicant(s) No. 1
MS. KRINA CALLA, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS
Date : 06/03/2026
ORAL ORDER
1. Leave to amend. Necessary amendment shall be carried
out forthwith.
2. Learned advocate Mr. Kush Trivedi has submitted that
learned advocate Mr. Nilay Thakor has instructions to appear
on behalf of the respondent no.2 - complainant. He is
permitted to file his appearance. Registry shall accept his
vakalatnama.
3. By way of filing this application under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-
accused has prayed to quash and set aside the FIR being C.R.
No.11191044220275 of 2022 registered with the Ghatlodiya
Police Station, District- Ahmedabad City, for the offences
punishable under Sections 507, 294(b), 114 of the Indian Penal
Code, and under Sections 33(3), 40, 42(d) of the Gujarat
NEUTRAL CITATION
R/CR.MA/5366/2026 ORDER DATED: 06/03/2026
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Money-Lenders Act; as well as the charge-sheet and the
proceedings of the Criminal Case No.73915 of 2022 pending
before the learned 22nd Additional Chief Judicial Magistrate,
Ahmedabad City, so also all other consequential proceedings
arising pursuant thereto qua the present applicant.
4. Today, when the matter is called out, the complainant
and the victim, both are personally present before this Court.
They have produced their identity proofs, which are ordered to
be taken on record. The affidavit filed by the complainant as
well as the victim are annexed at Annexures 'D' and 'E',
respectively to the application. The applicant has also
produced an additional affidavit, which is ordered to be taken
on record. In the said affidavits, the applicant, complainant,
and the victim have categorically stated that the dispute has
been amicably resolved amongst them and there is no ill-will or
any grievance amongst them.
5. Considering the issue involved in the present application
as well as considering the fact that the dispute between the
parties has been amicably resolved, with the consent of
learned advocates for the respective parties, the present
application is taken up for final disposal.
6. RULE returnable forthwith. Learned APP Ms. Krina Calla
waives service of notice of rule for and on behalf of the
respondent no.1 - State and learned advocate Mr. Nilay Thakor
waives service of notice of rule for and on behalf of the
respondent no.2 - complainant.
NEUTRAL CITATION
R/CR.MA/5366/2026 ORDER DATED: 06/03/2026
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7. The complainant, who is personally present in the Court,
has stated that since the dispute has been resolved, he has no
objection if the FIR as well as the proceedings of the criminal
case are quashed. Thus, sending the applicant-accused to face
the trial would be a futile exercise.
8. The relevant paragraphs of the affidavit filed by the
applicant read thus:
"1. That, the above-captioned application is filed by me
seeking quashment of impugned FIR impugned FIR dated
2.5.2022 bearing No.11191044220275 registered with
Ghatlodiya Police Station, Ahmedabad City for alleged
offences under Sections 507, 294(b), 114 of the Indian
Penal Code and Sections 33(3), 40, 42(d) of the Gujarat
Money Lenders Act and all the consequential proceedings
arising thereof.
2. I state and submit that, in view of the settlement with
the original complainant and his uncle namely,
Bhathibhai, being the victim, whom I had lent money, and
feeling aggrieved by the same the impugned FIR being
registered, I hereby declare that I have nothing left to be
recovered from either the complainant or his uncle.
3. I further say and submit that in future I shall not raise
any kind of grievance about any kind of monetary or other
kind of benefits in the nature of interest or property. Also,
I undertake that neither my family member shall raise any
objection to the present settlement inter-se and I waive
any kind of rights vested or shall be deemed to be vested
out of the said dispute narrated in the impugned FIR.
4. I, state that the present affidavit is filed by me out of
my free will and volition."
NEUTRAL CITATION
R/CR.MA/5366/2026 ORDER DATED: 06/03/2026
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9. The relevant paragraphs of the affidavit filed by the
complainant and the victim read thus:
"1. I say and submit that I have no objections if the impugned
FIR as well as the consequential proceedings, if any arisen
out of the aforesaid FIR, is quashed and set aside against the
present applicant.
2. I say and submit that we belong to the same community
and I have amicably resolved the dispute and further the said
resolution of settlement is acceptable to me.
3. I say and submit that I have no intention of continuing with
any criminal prosecution against the present applicant in
whatsoever manner.
4. I say and submit that I do not intend to prosecute the
applicant herein and present consent affidavit is being filed
by me without any force, coercion or pressure and the
present affidavit is filed by me out of my own will and volition
and I declare that the same is executed without any fear
threat."
10. 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 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
NEUTRAL CITATION
R/CR.MA/5366/2026 ORDER DATED: 06/03/2026
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in relation to the impugned FIR as well as the criminal case
against the applicant-accused would be an unnecessary
harassment to the applicant-accused. It further appears that
the trial would be a futile exercise and further continuing with
the proceedings pursuant to the impugned FIR as well as 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 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.
11. In the result, the application is allowed. The FIR being
C.R. No.11191044220275 of 2022 registered with the
Ghatlodiya Police Station, District- Ahmedabad City, for the
offences punishable under Sections 507, 294(b), 114 of the
Indian Penal Code, as well as under Sections 33(3), 40, 42(d) of
the Gujarat Money-Lenders Act; as well as the charge-sheet
and the proceedings of the Criminal Case No.73915 of 2022
pending before the learned 22nd Additional Chief Judicial
Magistrate, Ahmedabad City, so also all other consequential
proceedings arising pursuant thereto qua the applicant are
hereby quashed and set aside.
12. Rule made absolute. Direct service is permitted.
(VIMAL K. VYAS, J)
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