R/CR.MA/22774/2021 ORDER DATED: 12/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 22774 of 2021 With R/CRIMINAL MISC.APPLICATION NO. 22777 of 2021 With R/CRIMINAL MISC.APPLICATION NO. 22877 of 2021 With R/CRIMINAL MISC.APPLICATION NO. 22977 of 2021 With R/CRIMINAL MISC.APPLICATION NO. 22449 of 2021 ========================================================== HARDIKBHAI RAMESHBHAI AHIR Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR PREMAL S RACHH(3297) for the Applicant(s) No. 1 MR DILIP P JOSHI(1819) for the Respondent(s) No. 2 MR. SOAHAM JOSHI ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 12/09/2025 ORAL ORDER 1. By way of these applications under Section 482 of the Code of Criminal Procedure, 1973, the petitioners have prayed to quash and set aside the FIR being C.R.No.11993003211411 of 2021 registered with Anjar Police Station for the offences under Sections 506(2) and 114 of Indian Penal Code and sections 42(a), 42(d), 42(e) and 47 of the Gujarat Money Lenders Act and all the consequential proceedings arising therefrom. 2. Facts of the case are as under :- 2.1. Impugned FIR is filed against various persons R/CR.MA/22774/2021 ORDER DATED: 12/09/2025 including present petitioners. It is stated in the complaint that complainant has borrower huge sum of money from different persons named in the FIR on dates prior to one and half years and as per his allegations he has paid regular interest amount on the same. The complainant has filed complaint on the ground that he is being threatened by those persons seeking recovery of their amount. Hence, FIR is filed. 3. Learned advocate for the applicants submitted that allegation against petitioner no.2 are baseless. It is submitted that petitioner no.2 has never advanced any amount to the complainant. It is submitted that petitioner no.1 had advanced amount to the complainant without any interest and complainant never returned back. It is submitted that FIR is filed only to pressurize the petitioners and they do not claim their amount advanced. It is submitted that provisions of Money Lenders Act is wrongly invoked. In view of that it is submitted that prima facie, alleged offences are not attracted. 3.1. Upon above submissions, learned advocate for petitioners submitted to allow the petition and quash the FIR. 4. Learned APP for the respondent - State submitted that reading FIR, prima facie offence is attracted. Therefore, it is submitted to dismiss the applications. 5. Learned advocate for respondent No.2 on the previous R/CR.MA/22774/2021 ORDER DATED: 12/09/2025 date did not remain present. Today also he is not present. 6. Having heard learned advocates for both the sides and considering the role of the present applicants in commission of offence, and perusing report filed by Investigating Officer and perusal of FIR indicates that complainant has borrowed money from various persons and when they demanded money back from complainant, FIR is filed. Investigation reveals that accused who have lent money to the complainant have also obtained cheques from him which are essentially given to repay the amount being borrowed. Taking FIR as it is, and report tendered by IO, it is noticeable that filing of FIR is found to be malicious act on the part of the complainant to defraud lenders. There is general allegation of criminal intimidation and intentional insult with intent to provoke breach of the peace. Essential ingredients of section 504 and 506(2) of IPC are missing, proceedings against the petitioners would be abuse of process of law. 7. In the result, the applications are allowed. The impugned FIR being C.R.No.11993003211411 of 2021 registered with Anjar Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioners herein. Rule is made absolute. Direct service is permitted. (J. C. DOSHI,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 15/09/2025 11:46:30