R/SCR.A/14647/2025 ORDER DATED: 30/09/2026 (GJHC240778982025) IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 14647 of 2025 ========================================================== SADAB ABDULGANI SHAMI ANSARI Versus STATE OF GUJARAT & ANR. ========================================================== Appearance: MR R N GHOTRA(2804) for the Applicant(s) No. 1 MS. HETAL N GAJJAR(14357) for the Applicant(s) No. 1 MR MANTHAN J BAROT(13977) for the Respondent(s) No. 2 MS. DIVYANGNA JHALA, APP for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 30/09/2026 ORAL ORDER 1.Rule returnable forthwith. Learned APP Ms. Jhala waives service of notice of Rule for and on behalf of respondent No.1-State. Learned advocate Mr. M. J. Barot waives service of notice of Rule for and on behalf of respondent No.2-original complainant. 2.By way of filing the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused has prayed to quash and set aside the FIR being no. Part A 11191013231085 of 2023 registered with Krishna Nagar Police Station, Ahmedabad City, for the offences punishable under Sections 406, 420 of the Indian Penal Code as well as Charge-sheet no.230 of 2024 dated 18.03.2024 and all consequential proceedings arising therefrom in the Criminal Case R/SCR.A/14647/2025 ORDER DATED: 30/09/2026 (GJHC240778982025) No.50358 of 2024 pending before the Court of Addl. Metropolitan Magistrate Court, Ahmedabad City, qua the applicant herein. 3.Considering the nature of the dispute involved in the present application and further considering the fact that the parties have amicably resolved their inter se dispute, with the consent of the learned advocates appearing for the respective parties, the present application is taken up for final disposal. 4.Today, when the matter is called out, respondent No.2- original complainant is present before this Court physically and is identified by the learned advocate appearing on his behalf. Respondent No.2 has categorically stated that the dispute between the parties has been amicably settled and that he does not wish to proceed further with the impugned complaint. 5.At the outset, learned advocate appearing for the applicant submitted that the dispute with regard to non- supplying the goods after receiving the amount is amicably resolved between the petitioner and the complainant and the parties have decided to put an end to their grievances. It is submitted that, in view of the settlement arrived at between the parties, continuation of the criminal proceedings would amount to abuse of the process of law. R/SCR.A/14647/2025 ORDER DATED: 30/09/2026 (GJHC240778982025) 6.Learned advocate appearing for respondent No.2 has supported the submissions advanced on behalf of the applicant and reiterated the contents of the affidavit filed by respondent No.2. 7.The present application is opposed by the learned APP appearing for the respondent-State. 8.The complainant, who is present before this Court, has categorically stated that the dispute has been amicably resolved between the parties and that he has no objection if the impugned FIR is quashed. Thus, permitting the applicant to face the trial would be a futile exercise. 9.The affidavit filed by respondent No.2-original complainant reads thus: "That, in the year 2023, there was mercantile business deal in between the parties to the present petition. The petitioner has paid 69,000/- legal due which was pending to be recovered and for misunderstanding and lapse of period under anxiety. The respondent no.2 filed the cognizable offences with the Krishnan agar Police station, Ahmedabad. The petitioner has paid the legal amount which was due to be received by the respondent from the present petitioner. That, the petitioner has paid the amount Rs. 69,000/- after filing of the cognizable offence and the IO has summed up the charge sheet. I the deponent raise my consent, will and wish, the petitioner has paid the amount and the same is received by the respondent no.2. Hence I the deponent give consent in the form of oath and nothing R/SCR.A/14647/2025 ORDER DATED: 30/09/2026 (GJHC240778982025) is incorrect, the facts stated in the consent affidavit is correct and true to my belief." 10. Having heard the learned advocates appearing for the respective parties and considering the facts and circumstances of the case, settlement affidavit as also taking into consideration the decisions rendered in Gian Singh Vs. State of Punjab & Anr., (2012) 10 SCC 303; Madan Mohan Abbot Vs. State of Punjab, (2008) 4 SCC 582; Nikhil Merchant Vs. CBI & Anr., 2009 (1) GLH 31; Manoj Sharma Vs. State & Ors., 2009 (1) GLH 190; Narinder Singh & Ors. Vs. State of Punjab & Anr., (2014) 6 SCC 466; and State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604, this Court is of the opinion that continuation of the criminal proceedings pursuant to the impugned FIR would amount to abuse of the process of law and that no fruitful purpose would be served by permitting the prosecution to continue. Hence, in order to secure the ends of justice, the impugned FIR and all consequential proceedings deserve to be quashed and set aside in exercise of powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 11. In the result, the present application is allowed. The FIR being no. Part A 11191013231085 of 2023 registered with Krishna Nagar Police Station, Ahmedabad City, for the offences punishable under Sections 406, 420 of the Indian Penal Code as well as Charge-sheet no.230 of 2024 dated 18.03.2024 and all consequential R/SCR.A/14647/2025 ORDER DATED: 30/09/2026 (GJHC240778982025) proceedings arising therefrom in the Criminal Case No.50358 of 2024 pending before the Court of Addl. Metropolitan Magistrate Court, Ahmedabad City, are hereby quashed and set aside qua the applicant. 12. Rule is made absolute accordingly. Direct service is permitted. (M. K. THAKKER,J) AMIT ITALIAN Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: AMIT DAHYABHAI ITALIAN(HCW0112), ENGLISH STENOGRAPHER GRADE ONE, at High Court of Gujarat on 05/10/2026 13:28:59