R/SCR.A/11738/2025 ORDER DATED: 25/08/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11738 of 2025 ========================================================== VIKRAMBHAI DAYARAMBHAI JOSHI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: SURESH M CHAUDHARY(9938) for the Applicant(s) No. 1 MR ROHAN RAVAL, AP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 25/08/2025 ORAL ORDER 1. Learned advocate Ms. Nishita Prajapati states that she has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama, which is granted. Heard learned advocates for the respective parties. 2. RULE. Learned advocates waive service of notice of rule on behalf of the respective respondents. 3. Considering the facts and circumstances of the case and since it is jointly stated at the Bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith. 4. By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the applicant has prayed to quash and set aside the complaint being FIR C.R. No.11195017250647 of 2025 registered with Deodar Police Station, Banaskantha for the offences under Sections as well as Page 1 of 5LIST R/SCR.A/11738/2025 ORDER DATED: 25/08/2025 all the consequential proceedings arising therefrom. 5. Learned advocate for the applicants submits that the applicants have nothing to do with the offence and they are falsely implicated in the offence. However, the matter has been amicably settled between the parties, and they have no objection if the complaint is quashed. Therefore, the application may be allowed. 6. Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit, which is taken / placed on record. In the Affidavit, the original complainant have categorically stated that the dispute with the applicant has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them. 7. Having heard the learned advocates on both sides and considering the documents on record, it appears that On 06.07.2024, the complainant borrowed 10,00,000/- in cash ₹ from accused-applicant, against deposit of original house documents and two blank cheques. The accused charged exorbitant interest of 50,000/- per month (5%). The ₹ complainant has already paid a total of 17,20,000/- ₹ towards interest by cash and online transfer. Despite full payment, the accused has not returned the complainant’s original documents, blank cheques, and notarized writing. On 23.07.2025, when the Page 2 of 5LIST R/SCR.A/11738/2025 ORDER DATED: 25/08/2025 complainant demanded return of his documents, the accused refused and further demanded an additional 5,00,000/- as ₹ interest. The accused also threatened to kill the complainant if the said amount was not paid. Therefore, the complainant has been lodged. However, the dispute has now been amicably resolved between the parties, and in this regard, the complainant has filed affidavit on record stating that he has no objection if the complaint is quashed. Considering the nature of the allegations and the fact that the applicant has no past criminal antecedents, no purpose would be served by proceeding with the matter. 8. In view of the principle laid down by the Apex Court in the cases of (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), in the opinion of this Court, the further continuation of criminal proceedings against the applicant/s in relation to the impugned FIR would cause unnecessary harassment to the applicant/s. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C./528 of BNSS. Page 3 of 5LIST R/SCR.A/11738/2025 ORDER DATED: 25/08/2025 9. In the aforesaid backdrop, complaint is filed. It is necessary to consider whether the power conferred by the High Court under section 528 of BNSS/482 of the Code of Criminal Procedure is warranted. It is true that the powers under Section 528 of BNSS/482 Cr.P.C are very wide and the very plenitude of the power requires great caution in its exercise. The Court must be careful to see that its decision in exercise of this power is based on sound principles. The inherent power should not be exercised to stifle a legitimate prosecution. The High Court being the highest court of a State should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of magnitude and cannot be seen in their true perspective without sufficient material. Of course, no hard-and-fast rule can be laid down in regard to cases in which the High Court will exercise its extraordinary jurisdiction of quashing the proceeding at any stage as the Hon’ble Supreme Court has decided in the case of Central Bureau of Investigation vs. Ravi Shankar Srivastava, IAS & Anr., reported in AIR 2006 SC 2872. 10. In the result, the application is allowed. The impugned complaint being C.R. No.11195017250647 of 2025 registered with Deodar Police Station, Banaskantha as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the applicants only herein. Rule is made absolute. Direct service is permitted. If the Page 4 of 5LIST R/SCR.A/11738/2025 ORDER DATED: 25/08/2025 applicant is in jail, the jail authority concerned is directed to release the applicant forthwith, if not required in connection with any other case. (HASMUKH D. SUTHAR,J) ALI Page 5 of 5LIST Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 25/08/2025 14:45:11