R/CR.MA/7420/2021 ORDER DATED: 08/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 7420 of 2021 ========================================================== SATISHKUMAR RATANCHAND ARORA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR SANDEEP R LIMBANI(5977) for the Applicant(s) No. 1 MR DIPESH D SONI(9996) for the Respondent(s) No. 2 MR MIHIRKUMAR V PATEL(10112) for the Respondent(s) No. 2 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 08/12/2025 ORAL ORDER 1. Learned advocate Mr. Dipesh Soni appears and submits that he has instructions to appear on behalf of the respondent no.2 – original complainant and he has already led his vakalatnama in the Registry. 2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report No. 1121003020498 of 2021 registered with the Mahidharpura Police Station, District Surat City, for the o1ences punishable under Sections 406, 420 of the Indian Penal Code, as well as all other consequential proceedings arising R/CR.MA/7420/2021 ORDER DATED: 08/12/2025 pursuant thereto. 3. Today, when the matter is called out, the complainant, who is personally present before this Court, has produced his identity proof as well as submitted an a1idavit. The same are ordered to be taken on record. In the said a1idavit, the complainant has categorically stated that with the intervention of the friends, family members and community people, the dispute has been amicably resolved and there is no ill-will or any grievance amongst them. 4. Considering the issue involved in the present application as well as considering the fact that the dispute has been amicably resolved between the parties, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for nal disposal. 5. RULE returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Dipesh Soni waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 6. Learned advocate for the applicant-accused 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-aside. R/CR.MA/7420/2021 ORDER DATED: 08/12/2025 7. The complainant, who is personally present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the FIR is quashed and set-aside. Thus, it appears from the aforesaid that sending the applicant-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law. 8. The relevant paragraph of the a1idavit led by the complainant – Ravi Ghanshyambhai Malpani, reads thus : “C. That the deponent submits that an amicable settlement has been arrived at between him and the applicant with an understanding that towards outstanding amount paid by the applicant herein to the deponent, the deponent is ling the present aidavit and give his consent in the above captioned application that if the impugned F.I.R. is quashed and set aside he has no objections. And further, the deponent shall also withdraw the Criminal Case No. 1232 of 2022 led by the deponent herein against the applicant herein for the oence punishable under section 138 of the Negotiable Instruments Act, 1881 which is pending for trial before the court of the Ld. 14th Addl. Civil Judge and JMFC, Surat. G. That since as there are no grievances against the present applicant herein, the deponent does not want to proceed further with the F.I.R. Dated 16/03/2021 registered as CR. No. 1121003020498 of 2021 registered with the Mahidharpura Police Station, Surat at Annexure-'A' and further, be pleased to quash the consequential proceedings culminating arising out of the said F.I.R. and all other subsequent proceedings arising out of the same F.I.R. and hence, if it is quashed qua the present applicant, the deponent has no objections to the same because ultimately, the trial would be a futile exercise.” 9. Having heard learned advocates appearing for the respective parties as well as considering the facts and R/CR.MA/7420/2021 ORDER DATED: 08/12/2025 circumstances arising out of the present application and taking into consideration the decisions rendered in the cases of Gian Singh vs. State of Punjab & Another, 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 & Another, reported in (2009) 1 GLH 31, Manoj Sharma vs. State & Others, reported in (2009) 1 GLH 190, and Narinder Singh & Others vs. State of Punjab & Another, reported in (2014) 2 Crime 67 (SC) as well as State of Haryana vs. Bhajanlal, reported in AIR 1992 SC 604, it appears that further continuation of the criminal proceedings in relation to the impugned FIR against the applicant-accused would be nothing but unnecessary harassment to the applicant- accused. It further appears that the trial would be a futile exercise and continuing further with the proceedings pursuant to the impugned FIR would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR and all other consequential proceedings arising pursuant thereto are required to be quashed and set-aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 10. In the result, the application is allowed. The proceedings of the First Information Report No. 1121003020498 of 2021 registered with the Mahidharpura Police Station, District Surat City, for the o1ences punishable under Sections 406, 420 of the Indian Penal Code, as well as all other consequential R/CR.MA/7420/2021 ORDER DATED: 08/12/2025 proceedings arising pursuant thereto are hereby ordered to be quashed and set-aside, qua the present applicant only. 11. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) AMAR SINGH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMAR SINGH(HC01081), PRIVATE SECRETARY, at High Court of Gujarat on 09/12/2025 11:11:53