R/SCR.A/13788/2025 ORDER DATED: 13/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 13788 of 2025 ========================================================== LALJIBHAI VIHABHAI RABARI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR JOHNSEY P MACWAN(5498) for the Applicant(s) No. 1 MS VRUNDA SHAH, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 13/10/2025 ORAL ORDER [1.0] By way of present petition under Article 227 of the Constitution of India read with Section 528 of the BNSS, the petitioner has prayed to quash and set aside the Criminal Case No.35704 of 2005 pending in the Court of learned 9th Additional Chief Judicial Magistrate, Vadodara in light of the fact that the petitioner has paid the entire amount of dues payable to the complainant. [2.0] Learned advocate for the petitioner has submitted upon instructions that the petitioner has paid the cheque amount to the complainant and notarized document for settlement came to be executed before the Notary however, after the complainant has received the cheque amount, he did not turn up before the learned Magistrate. Hence, in view of decision of Hon’ble Supreme Court in the case of Sanjabij Tari vs. Kishore S Boarcar & Anr. reported in 2025 INSC 1158, he has requested to quash and set aside the proceedings of Criminal Case No.35704/2025. Page 1 of 2 R/SCR.A/13788/2025 ORDER DATED: 13/10/2025 [3.0] Having heard learned advocate for the petitioner and learned APP for respondent No.1 – State of Gujarat, whether the petitioner has paid the cheque amount to the complainant or not is a disputed question of fact. Even if for the sake of argument it is accepted that cheque amount is paid by the petitioner and complainant has pocketed the money pursuant to the settlement however, he has not turned up before the learned trial Court, in that event, the trial Court has to pass an order independently on the merits of the case. [4.0] In view of the above, learned 9th Additional Chief Judicial Magistrate, Vadodara is directed to expedite the proceedings of Criminal Case No.35704/2025. With aforesaid direction, present petition is disposed of as no case is made out to quash and set aside the proceedings of Criminal Case No.35704/2025. It is made clear that this Court has not examined the merits of the case. (HASMUKH D. SUTHAR, J.) Ajay Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AJAY CHANDRAN MENON(HC00939), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 13/10/2025 14:49:11