R/CR.MA/15445/2021 ORDER DATED: 07/10/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 15445 of 2021 ========================================================== NARESH LUMBHABHAI HADIYA Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR SANDEEP R LIMBANI(5977) for the Applicant(s) No. 1 MR. SURAJ A SHUKLA(7185) for the Respondent(s) No. 2 MR SOHAM JOSHI, ADDL. PUBLIC PROSECUTOR for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI Date : 07/10/2025 ORAL ORDER 1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973, the petitioner has prayed to quash and set aside the FIR being C.R.No.11210055211402 registered with Salabatpura Police Station for the offences under Sections 406, 420, 409, 504, 114, 506(2), 120(B) of Indian Penal Code and all the consequential proceedings arising therefrom. 2. Heard learned advocates for the respective parties. 3. Learned advocate for the petitioner after reading FIR would submit that civil dispute has been given colour of criminality, as the debt for recovering of money and dispute is relating to settlement of account and as such, the FIR has been filed to R/CR.MA/15445/2021 ORDER DATED: 07/10/2025 achieve something, which cannot be achieved otherwise. He would further submit that there is delay in filing the FIR and no proper explanation has been coming forth. In view of that, prima facie, alleged offences are not attracted. 3.1. Upon above submissions, learned advocate for the petitioner submitted to allow the application and quash the FIR. 4. Learned advocate for the private respondent after arguing to some extent, failed to point out that how the offences u/s 406, 420, 114 of the IPC is made out, as commercial transaction between the parties have been given colour of criminality. He has relied upon the judgment of the Hon’ble Apex Court in case of Kaptan Singh Vs. State of U.P., 2021(9) SCC 35 to submit that the Court should not held mini trial at the stage where the FIR is sought to be quashed. Upon such submission, he prays to pass necessary orders. 5. Learned APP, submits that it is case where the petitioner has cheated the complainant and therefore, offence u/s 406 and 420 are made out. Therefore, it is submitted to dismiss the petition. 6. Having heard learned advocates for both the sides, it appears that the role of the present petitioner is limited to the extent of introducing the complainant with the original accused No.1. Recently, Hon'ble Apex Court in the case of Ashok kumar Jain v/s. State of Gujarat [SLP Criminal No.1850 of 2020] R/CR.MA/15445/2021 ORDER DATED: 07/10/2025 and Anukul Singh Versus State Of Uttar Pradesh, 2025 INSC 1153, had addressed the issue and held that non payment of outstanding amount of payment in the ongoing business would be civil dispute. The findings of Hon'ble Apex Court squarely covers the present issue. 7. In the result, the application is allowed. The impugned FIR being C.R.No.11210055211402 registered with Salabatpura Police Station as well as all consequential proceedings initiated in pursuance thereof are hereby quashed and set aside qua the petitioner herein. Direct service is permitted. (J. C. DOSHI,J) SHEKHAR P. BARVE Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: SHEKHAR PRAFULBHAI BARVE(HC00200), Principal Pvt. Secretary, at High Court of Gujarat on 07/10/2025 14:36:26