R/CR.MA/25926/2025 ORDER DATED: 10/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 25926 of 2025 ========================================================== BHARATBHAI MANUBHAI MAKWANA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: ADILHUSHAIN M SAIYED(9723) for the Applicant(s) No. 1 MR MAHAMEDJUNEDKHAN M PATHAN(11016) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 10/12/2025 ORAL ORDER 1. Learned advocate Ms. Devanshi Kakkad appears and submits that she has instructions to appear on behalf of the respondent no.2 - complainant. She is permitted to file her appearance. Registry shall accept her vakalatnama. 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 R/CR.MA/25926/2025 ORDER DATED: 10/12/2025 this Court, praying to quash and set-aside the order dated 09.09.2024 passed by the learned 6th Additional Chief Judicial Magistrate Court, Anand, in Criminal Case No.4845 of 2022, for the offence punishable under Section 138 of the Negotiable Instruments Act as well as all other consequential proceedings arising 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 the affidavit which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that he has received his dues and the dispute has been amicably resolved. The complainant has further stated that he has no grievance or ill-will against the applicant. 4. Considering the issue involved in the present application as well as considering the fact that the dispute has been R/CR.MA/25926/2025 ORDER DATED: 10/12/2025 amicably resolved between the parties, with the consent of learned advocates appearing 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 rule for and on behalf of the respondent no.1 – State and learned advocate Ms. Devanshi Kakkad waives service of notice of rule for and on behalf of the respondent no.2 – complainant. 6. The complainant, who is present in the Court, has categorically stated before this Court that the dispute has been resolved and he has no objection if the application is allowed and the impugned order is quashed and set-aside. 7. The relevant paragraph of the affidavit reads thus : “ I say and submit that these disputes are permanent resident of our elders. After filing of complainant, the R/CR.MA/25926/2025 ORDER DATED: 10/12/2025 elders and well – wishers from both sides as well as others elders have intervened between the parties and on such intervention and joint meetings of elders now the dispute and differences between the parties have been resolved amicably. According, I agreed and decided to co-operate with each other for quashing of FIR and to withdraw cases filed against present applicant and therefore, the impugned complaint is filled. I and applicant have amicably settled and I further say that the disputes, differences and grievances of out both sides have been amicable settled interventions of respected elders of our society and relatives and one conciliation agreement was done with present applicant and cheque amount is Rs. 5,45,000/- but actual amount is Rs. 2,25,000/- paid by applicant on cash and there are no disputes regarding other cheque amount and this is final amount which is received by me I have no disputes regarding this R/CR.MA/25926/2025 ORDER DATED: 10/12/2025 cheque amount. I submit that I have no objection if this petition is allowed by this Honorable Court.” 8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned order would be a futile exercise and the same would amount to abuse of process of law. 7. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also 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 R/CR.MA/25926/2025 ORDER DATED: 10/12/2025 (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 applicants-accused would be an unnecessary harassment to the applicants-accused. It further appears that the trial would be a futile exercise and further continuing 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 said criminal case and all other consequential proceedings are required to be quashed and set aside in exercise of the powers conferred under Section 482 of the Code of Criminal Procedure. 10. In the result, the application is allowed. The order dated 09.09.2024 passed by the learned 6th Additional Chief Judicial Magistrate Court, Anand in Criminal Case No.4845 of 2022 for the offences punishable under Section 138 of the Negotiable Instruments Act, as well as all other consequential proceedings R/CR.MA/25926/2025 ORDER DATED: 10/12/2025 arising pursuant thereto are hereby ordered to be quashed and set-aside qua the applicant. 11. Rule made absolute. Direct service is permitted. 12. In view of the ratio laid down by the Supreme Court in the case of Sanjabij Tari Vs. Kishore S. Borcar [2025 INSC 1158], the applicant is directed to deposit 7.5 % of the cheque amount, by way of costs, with the District Legal Service Authority, Anand, within a period of 2 weeks from the date of this order. (VIMAL K. VYAS, J) PD Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARUL DUTTA(HCD0073), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 12/12/2025 10:46:14