R/SCR.A/11470/2025 ORDER DATED: 19/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11470 of 2025 ========================================================== DHIRUBHAI KURJIBHAI PARMAR Versus STATE OF GUJARAT ========================================================== Appearance: MR HARSH R JOSHI(12752) for the Applicant(s) No. 1 MR YUVRAJ BRAHMBHATT, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 19/08/2025 ORAL ORDER 1) Heard Mr. Harsh R. Joshi, learned counsel for the petitioner and Mr. Yuvraj Brahmbhatt, learned APP for the respondent State. 2) By this petition, the petitioner has prayed for quashing and setting aside the order dated 06.08.2025 passed by ld. JMFC, Khambha, below Exh:61 in Criminal Case No.197/2020, whereby, learned Magistrate has refused to accept the amount of Rs.20,000/- after prescribed period. 3) From the record, it appears that the petitioner has been convicted under Sections 279, 337 and 338 of IPC, which came to be challenged before the ld. Sessions Court, Amreli at Dhari by preferring Criminal Appeal No. 17/2023. The learned Sessions Judge confirmed the conviction under Sections 279, 337, 338 of IPC and Sections 177, 184 and 134 of MV Act passed by JMFC, Khambha and has been pleased to extend the benefit of probation, subject to deposit Rs.20,000/- within a period of 7 days from the date of the order as compensation to be paid to the injured victim. As the petitioner failed to make such payment within time, warrant came to be issued and he was taken into custody though the application below Exh:61 to deposit the amount was filed, which was not accepted. Hence, present petition is filed. R/SCR.A/11470/2025 ORDER DATED: 19/08/2025 4) Learned counsel for the petitioner on instructions states that, the petitioner is ready and willing to deposit Rs.20,000/- within two days. 5) In view of the facts of the case, petition deserves consideration. The order dated 06.08.2025 passed by ld. JMFC, Khambha, below Exh:61 in Criminal Case No.197/2020 is hereby quashed and set aside and the petitioner is directed to deposit Rs.20,000/- before the trial Court latest by 22.08.2025. The trial Court shall accept the said amount. Upon deposit such amount of Rs.20,000/-, the trial Court shall release the petitioner from the custody forthwith, if his presence is no longer required in any other offence. 6) With the above direction, petition is allowed. Direct Service is permitted. (HASMUKH D. SUTHAR,J) SUCHIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PATEL SUCHIT JAYESHBHAI(HC01083), Private Secretary, at High Court of Gujarat on 19/08/2025 15:46:17