R/CR.MA/25767/2025 ORDER DATED: 09/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 25767 of 2025 ========================================================== NATVARBHAI RASIKBHAI VADAND Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR VIRAL K RANA(12481) for the Applicant(s) No. 1 MR. MAULIK M SONI(7249) for the Applicant(s) No. 1 MR. MANAN MAHETA ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 09/12/2025 ORAL ORDER 1. Learned advocate Mr. Atit Patel appears and states that he has instructions to appear on behalf of the respondents No.2. He is permitted to file his appearance. Registry shall accept his vakalatnama. 2. By way of filing this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused have prayed to quash and set aside the judgment and order dated 15.2.2025 passed in Criminal Case No. 6334 of 2023, passed by the learned 8th Judicial Magistrate First Class, Gandhinagar for the offence punishable under Section 138 of the Negotiable Instruments Act as well as all other consequential proceedings arising out of the aforesaid criminal proceedings qua the applicant herein. Page 1 of 5 R/CR.MA/25767/2025 ORDER DATED: 09/12/2025 3. Today, when the matter is called out, the complainant is personally present before this Court. He has produced his I.D proof, which is ordered to be taken on record. The affidavit of the respondent No. 2 is at Annexure C to the application. In the said affidavit, the complainant has categorically stated that he has received the full amount and now he has no grievance against the applicant and he does not wish to prosecute further as the dispute between the parties has now been amicably resolved. 4. Considering the issue involved in the present application as well as considering the fact that the dispute between the parties has been amicably resolved, with the consent of the learned advocates for the respective parties, the present application is taken up for final disposal. 5. Rule returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of the rule for and on behalf of the respondent No.1 State. Learned advocate Mr. Atit Patel waives service of notice of rule for and on behalf of the respondents No.2 and 3. 6. Learned advocate Mr. Viral K. Rana appearing for the applicant has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR may be quashed and set R/CR.MA/25767/2025 ORDER DATED: 09/12/2025 aside. 7. The complainant, who is personally present in the Court, has stated before this Court that he has no objection if the FIR is quashed. Thus, sending the applicant-accused to face the trial would be a futile exercise. The relevant para of the affidavit filed by the respondent No.2 original complainant reads thus : “2. say that I have gone through the memo of petition and the facts and grounds stated in the memo of petition are not disputed by me. At the outset I say and submit that the disputes and grievances of both the sides have been amicably settled and I have received full amount and now I have no grievance against the petitioner. 3. In the facts and circumstances as narrated above, I at my free will wish and desire am stating on oath that I do not wish to prosecute further against the petitioner and as the dispute between us has been amicably settled. I state that the Judgment and order dated 15.02.2025 passed in Criminal Case No. 6334 of 2023 passed by the Ld. 8th Judicial Magistrate first class at Gandhinagar at may kindly be quashed. We, the complainant/respondent no.2, the authorized person of the bank and the applicant R/CR.MA/25767/2025 ORDER DATED: 09/12/2025 have reached a settlement and has amicably resolved the dispute without any kind of intimidation, threat or pressure from anyone, and we have no objection or dispute in the esteemed High Court to the sentence ordered by 8th Judicial Magistrate First Class Judge. We will not raise any objection or dispute in the future.” 8. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered 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 & 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 against the applicant-accused would be an unnecessary harassment to the applicant-accused. It further appears that the trial would a be futile exercise and continuing further with the criminal proceedings would amount to abuse of process of law. Hence, to secure the ends of justice, R/CR.MA/25767/2025 ORDER DATED: 09/12/2025 the impugned FIR and 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 9. In the result, the application is allowed. The judgment and order dated 15.2.2025 passed in Criminal Case No. 6334 of 2023, passed by the learned 8th Judicial Magistrate First Class, Gandhinagar as well as all other consequential proceedings arising out of the aforesaid order are hereby quashed and set aside qua the present applicant-accused. Direct service is permitted. (VIMAL K. VYAS, J) MARY VADAKKAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MARY VINOD ANTHANATTE(HC00204), Principal Pvt. Secretary, at High Court of Gujarat on 11/12/2025 10:46:22