[Cites 15, Cited by 0]
Gujarat High Court
Renuka Natvarlal Jani vs State Of Gujarat on 6 May, 2026
NEUTRAL CITATION
R/CR.MA/197/2026 ORDER DATED: 06/05/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE
FIR/ORDER) NO. 197 of 2026
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RENUKA NATVARLAL JANI & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR. AMIT B SONI(7165) for the Applicant(s) No. 1,2
NOTICE SERVED BY DS for the Respondent(s) No. 2
RONAK RAVAL, APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER
Date : 06/05/2026
ORAL ORDER
RULE. Learned APP Mr. Raval waives service of notice of
rule on behalf of the State.
1. The present application is filed for quashment of the FIR
registered with Naranpura police station being M. Case No.144 of
1994 and all subsequent proceedings in Criminal Case No.4410
of 1996 pending before the learned Additional Chief Judicial
Magistrate Court, Ahmedabad, City, (Metropolitan Magistrate
Court No.9)
2. At the outset, it is submitted by the learned advocate Mr.
Soni for the applicants that the dispute has been resolved
between the parties and the present applicant has cleared the
dues of the Gujarat Rajya Khadi Gram Udhyog Board. Mr.
NEUTRAL CITATION
R/CR.MA/197/2026 ORDER DATED: 06/05/2026
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Rikenkumar Satishchandra Shah, Executive Officer of the Gujarat
Rajya Khadi Gram Udhyog Board, is present before this Court and
has placed on record an affidavit as well as a communication
addressed by the Board to the Law Officer dated 18.04.2026,
informing that No Due Certificate has been issued and the
complainant has no objection if the FIR filed against the applicant
is quashed and the same are ordered to be taken on record.
3. This Court has referred to the affidavit, which is filed by the
respondent No.2, which is reproduced hereinbelow;
"1. The applicants above named preferred present petition for
quashing and setting aside criminal complaint bearing
Criminal Case no. 4410/1996 for the offences under Sections
406, 420, 120(b), 463, 467, 468, 471, 477A, 34 and 114 of the
Indian Penal Code. The written complaint was filed against 5
accused persons before Metropolitan Magistrate Court,
Ahmedabad by original Complainant Bipinbhai P. shah the
legal officer of Gujarat Rajya Khadi Gram Udhyog Board on
1.10.1993 and the same was registered as Criminal Inquiry
no. 240/1994 ordered to be investigated under section-156(3)
of Cr. P.C. on date-. 1.10.1994 send to Naranpura Police
Station. The P.S.I. Naranpura Police Station has investigated
the same case as Naranpura Police Station M. Case no.
144/1994. Annexure E to this petition. and The Investigating
Officer of Naranpura Police Satation had filed chargesheet
against 3 accused namely (1) Renukaben Natvarlal Jani, (2)
NEUTRAL CITATION
R/CR.MA/197/2026 ORDER DATED: 06/05/2026
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Surendrabhai Natvarlal Upadhyay (3) Ramanbhai Motibhai
Patel before the learned Metropolitan Magistrate Court no. 9,
Ahmedabad City, Ahmedabad and same has been registered
as Criminal Case no.4410/1996 under Sections -406, 420,
120(b), 463, 467, 468, 471, 477A, 34 and 114 of the Indian
Penal Code Annexure B. The copy of The complaint dated
1.10.1993 and order below that to investigate under section
156(3) of Cr.P.c. by Naranpura Police is annexed hereto and
marked as Annexure C to this petition. and the copies of
documents provided with chargesheet including police
witnessed statements and other documents are annexed and
marked as Annexure C Collectively to this petition.
2. Applicants/ Petitioners (Original Accuse no.1 and 2) have
paid the alleged amount of cheating and interest calculated
by Original complainant authority Gujarat Rajya Khadi Gram
Udhyog Board, Ahmedabad against the loan obtained to start
alleged Papad Udhyog Unit. And the "No Due Certificate"
dated જા. નં. લોન-13.8.2025 vide વસુલાત/ખાક/સંસ્થા/સહયોગ/૨૦૨૫-
૨૬/ 266 issued by Complainant Authority Gujarat Khadi Gram
Udhyog Board, Ahmedabad is annexed hereto and marked as
Annexure D to this Petition
3. We the original Complainant have filing letter giving
consent to quash present petition of petitioners. And in
support of such fact I the deponent filing this affidavit on
behalf of original complainant board as per the order dated
29.4.2026 by thi Hon'ble court.
4. Therefore, I the original compalainant Gujrat Rajya Khadi
Gram Udhyog Board have no objection if this Hon'ble Court
quash and set a side the impugned complaint FIR being
NEUTRAL CITATION
R/CR.MA/197/2026 ORDER DATED: 06/05/2026
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Naranpura Police Station M. Case no. 144/1994 and all
subsequent proceedings in Criminal Case no.4410/1996
pending before Learned Additional Chief Judicial Magistrate
Court Ahmedabad City, (Metropolitan Magistrate Court no.9)
Ahmedabad."
4. This Court has also referred to the communication
addressed by the Secretary of the Gujarat Rajya Khadi Gram
Udhyog Board dated 18.04.2026, wherein it is communicated to
the Law Officer that No Due Certificate has been issued and the
Board has no objection if the complaint is quashed. It is further
stated that the allegations regarding forged bills have been
resolved and the payment of Rs.1,21,000/- has been made in
favour of the applicant.
5. Having considered the nature of the dispute and the
allegations made in the FIR, coupled with the fact that the
dispute has been resolved between the parties and the decisions
rendered by the Hon'ble Supreme Court 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 &
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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.
6. Resultantly, this application is allowed and the impugned
FIR registered with Naranpura police station being M. Case
No.144 of 1994 and all subsequent proceedings in Criminal Case
No.4410 of 1996 pending before the learned Additional Chief
Judicial Magistrate Court, Ahmedabad, City, (Metropolitan
NEUTRAL CITATION
R/CR.MA/197/2026 ORDER DATED: 06/05/2026
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Magistrate Court No.9), are hereby quashed and set aside qua
the applicants only. Accordingly, Rule is made absolute. Direct
service is permitted.
(M. K. THAKKER,J)
Vikramsinh Amarsinh
