R/SCR.A/11926/2021 ORDER DATED: 25/07/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 11926 of 2021 ========================================================== ANKIT RAJUKUMAR CHIRANIA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR P P MAJMUDAR(5284) for the Applicant(s) No. 1 MR AM PAREKH(562) for the Respondent(s) No. 2 MR TIRTHRAJ PANDYA, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 25/07/2025 ORAL ORDER 1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the applicant has prayed to quash and set aside the FIR being C.R.No.11210046212497 registered with Puna Police Station for the offences under Sections 406, 409, 420, 504, 506(2), 120B of Indian Penal Code and all the consequential proceedings arising therefrom. 2. Heard learned advocates for the respective parties. 3. Learned advocate for the applicant the petition for quashing the FIR filed by the co-accused has been allowed by this Court in Special Criminal Application No.11013 of 2021. He would further submit that the role of the petitioner is on the same footing as that of the petitioner of Special Criminal R/SCR.A/11926/2021 ORDER DATED: 25/07/2025 Application No.11013 of 2021. 3.1. Upon above submissions, learned advocate for the petitioner submitted to allow the application and quash the FIR. 4. On the other hand, learned advocate for the respondent original complainant after arguing to some extent, failed to point out that how the offences u/s 406, 420, 114 of the IPC is made out, as commercial transaction between the parties have been given colour of criminality. Upon such submission, he prays to pass necessary orders. 4.1 Learned APP after adopting argument of learned advocate for the complainant prays to pass necessary orders. 5. Having heard learned advocates for both the sides and further considering the fact that similarly situated co-accused, this Court has quashed the FIR in Special Criminal Application No.11013 of 2021, present petition also deserves consideration. Recently, Hon'ble Apex Court in the case of Ashok kumar Jain v/s. State of Gujarat [SLP Criminal No.1850 of 2020], had addressed the issue and held that non payment of sale price would be civil dispute. The findings of Hon'ble Apex Court squarely covers the present issue. 6. In the result, the application is allowed. The impugned FIR being C.R.No.11210046212497 registered with Puna Police Station, Surat as well as all consequential proceedings initiated R/SCR.A/11926/2021 ORDER DATED: 25/07/2025 in pursuance thereof are hereby quashed and set aside qua the petitioner herein. Direct service is permitted. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 25/07/2025 16:13:23