R/SCR.A/7809/2023 ORDER DATED: 14/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 7809 of 2023 ============================================ HASMUKHBHAI LALJIBHAI PATEL Versus STATE OF GUJARAT & ANR. ============================================ Appearance: HL PATEL ADVOCATES(2034) for the Applicant(s) No. 1 MR HARSH N SHAH(10539) for the Applicant(s) No. 1 NOTICE SERVED BY DS for the Respondent(s) No. 2 MR TIRTHRAJ PANDYA, APP for the Respondent(s) No. 1 ============================================ CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 14/10/2025 ORAL ORDER Learned Advocate Ms. Heta Panchal states that she has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama. The Registry is directed to accept the Vakalatnama. 1) RULE. Learned advocates waive service of notice of rule on behalf of the respective respondents. 2) Considering the facts and circumstances of the case and since it is jointly stated at the Bar by learned advocates on both the sides that the dispute between the parties has been resolved amicably, this matter is taken up for final disposal forthwith. 3) By way of present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “BNSS”), the petitioner has prayed to quash and set aside the complaint being FIR No.11191024230299 of 2023 registered with Ramol Police Station, Ahmedabad City for the offences R/SCR.A/7809/2023 ORDER DATED: 14/10/2025 under Sections 406, 409, 420, 467, 468, 471 and 114 of Indian Penal Code and all the consequential proceedings arising therefrom. 4) Learned advocates for the respective parties submitted that during the pendency of proceedings, the parties have settled the dispute amicably and pursuant to such mutual settlement, the original complainant has also filed an Affidavit dated 14.09.2025 which is taken on record. In the Affidavit, the original complainant has categorically stated that the dispute with the petitioner has been resolved amicably and that he has no objection, if the present proceedings are quashed and set aside since there is no surviving grievance between them. The complainant is present in-person and identified by her learned Advocate. The complainant has admitted the factum of settlement. 5) The present petitioner is a Notary Public arraigned as an accused no.4. The impugned complaint is filed in connection with the dispute between the partners qua administration of partnership firm complainant’s husband and accused nos.1 to 3. The allegations against the accused are that they have prepared a forged partnership deed and produced before the present petitioner using the same as genuine and duped and kill the rights of the complainant. Hence, the impugned FIR was registered. 6) Having heard learned advocates on both the sides and considering the facts and circumstances of the case as also the principle laid down by the Apex Court in the cases of (i) Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, (ii) Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, (iii) Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 R/SCR.A/7809/2023 ORDER DATED: 14/10/2025 (1) GLH 31, (iv) Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and (v) Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC), considering the facts that the petitioner having no interest in the alleged transaction or interest in the administration of partnership firm namely M/s. Saatatya Corporation and as dispute is private in nature and the complainant has amicably settled the dispute with the petitioner, therefore, in the opinion of this Court, the further continuation of criminal proceedings against the petitioner in relation to the impugned FIR would cause unnecessary harassment to the petitioner. Further, the continuance of trial pursuant to the mutual settlement arrived at between the parties would be a futile exercise. Hence, to secure the ends of justice, it would be appropriate to quash and set aside the impugned FIR and all consequential proceedings initiated in pursuance thereof under Section 482 of the Cr.P.C.. 7) In the result, the petition is allowed. The impugned complaint being FIR No.11191024230299 of 2023 registered with Ramol Police Station, Ahmedabad City as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner herein. Rule is made absolute. Direct service is permitted. If the petitioner is in jail, the jail authority concerned is directed to release the petitioner forthwith, if not required in connection with any other case. (HASMUKH D. SUTHAR,J) ANKIT Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: ANKIT YOGESHBHAI JANSARI(HCW0109), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 15/10/2025 10:27:16