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2025 DAILYLAW 47304 (RAJ)

HARDIK KOTECHA S/O SHRI MANHARLAL AMARSIBHAI KOTECHA v. STATE OF RAJASTHAN

CRLMP/1656/2025 · 2025-11-28

Anoop Kumar Dhand

body2025

Judgment text

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[2025:RJ-JP:48509] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 1656/2025 Hardik Kotecha S/o Shri Manharlal Amarsibhai Kotecha, R/o Manhar Niwas, Gold Man Road, 13-14 Vijay Plot, Police Station Malviya Nagar, Rajkot, Gujarat Director Kotecha Industrial Ltd., Mahsaya First,harihar Society, Sher No. 1, District Rajkot, Gujarat. ----Petitioner Versus 1. State Of Rajasthan, Through Public Prosecutor. 2. Au Small Finance Bank Ltd., (Formerly Known As Au Financiers India Ltd) Registered Office 19-A, Dhuleshwar Garden, Ajmer Road, Jaipur, Rajasthan Through Authorised Officer Mr. Rakesh Sharma S/o Late Shri Mukti Lal Sharma, Manager- Au Mall Finance Bank, Jaipur. ----Respondents For Petitioner(s) : Mr.Shubham Sharma with Mr.Yuvraj Singh for Mr.Deepak Chauhan For Respondent(s) : Mr.Vivek Choudhary, PP JUSTICE ANOOP KUMAR DHAND Order 28/11/2025 1. By way of filing the instant criminal misc. petition, a prayer has been made for quashing of the proceedings of the impugned F.I.R. No.54/2018 registered at Police Station Vidhayak Puri, Jaipur City (South) for the offences under Sections 406, 420, 467, 468, 471, 477-A & 120-B of IPC and Sections 66(C) & 66(D) IT Act, 2000. 2. Learned counsel for the petitioner submits that after completion of the investigation, charge-sheet has been submitted [2025:RJ-JP:48509] (2 of 2) [CRLMP-1656/2025] against the petitioner before the Court of Chief Metropolitan Magistrate, Jaipur Metropolitan-II. However, the complainant has entered into a compromise with the petitioner and he does to want to prosecute the petitioner, hence, the proceedings be quashed on the basis of the compromise. 3. In the considered opinion of this Court, the complainant is supposed to file an application for compounding the offences before the trial Court. In case, such application is submitted by the complainant before the trial Court, it is expected from the trial Court to decide the said application, expeditiously as early as possible. 4. It is made clear that in case, the trial Court passes any order prejudicial to the rights of the petitioner, he would be at liberty to revive the present criminal misc. petition for quashing of the proceedings as mentioned above. 5. With the aforesaid observation, the instant petition stands disposed of. Stay application and all pending application(s), if any, also stand disposed of. (ANOOP KUMAR DHAND),J Aayush Sharma /14