ANANDBHAI BADDEVBHAI DESAI v. STATE OF GUJARAT & ANR

Learned advocate Mr. Kush Trivedi has submitted that learned advocate Mr. Nilay Thakor has instructions to appear on behalf of the respondent no.2 – complainant. He is permitted to !le his appearance. Registry shall accept his vakalatnama.

3. By way of !ling this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant- accused has prayed to quash and set aside the FIR being C.R. No.11191044220275 of 2022 registered with the Ghatlodiya Police Station, District- Ahmedabad City, for the o7ences punishable under Sections 507, 294(b), 114 of the Indian Penal Code, and under Sections 33(3), 40, 42(d) of the Gujarat R/CR.MA/5366/2026 ORDER DATED: 06/03/2026 Money-Lenders Act; as well as the charge-sheet and the proceedings of the Criminal Case No.73915 of 2022 pending before the learned 22nd Additional Chief Judicial Magistrate, Ahmedabad City, so also all other consequential proceedings arising pursuant thereto qua the present applicant.

4. Today, when the matter is called out, the complainant and the victim, both are personally present before this Court. They have produced their identity proofs, which are ordered to be taken on record. The a=davit !led by the complainant as well as the victim are annexed at Annexures ‘D’ and ‘E’, respectively to the application. The applicant has also produced an additional a=davit, which is ordered to be taken on record. In the said a=davits, the applicant, complainant, and the victim have categorically stated that the dispute has been amicably resolved amongst them and there is no ill-will or any grievance amongst them.

5. Considering the issue involved in the present application as well as considering the fact that the dispute between the parties has been amicably resolved, with the consent of learned advocates for the respective parties, the present application is taken up for !nal disposal.

6. RULE returnable forthwith. Learned APP Ms. Krina Calla waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Nilay Thakor waives service of notice of rule for and on behalf of the respondent no.2 – complainant. R/CR.MA/5366/2026 ORDER DATED: 06/03/2026

7. The complainant, who is personally present in the Court, has stated that since the dispute has been resolved, he has no objection if the FIR as well as the proceedings of the criminal case are quashed. Thus, sending the applicant-accused to face the trial would be a futile exercise.

8. The relevant paragraphs of the a=davit !led by the applicant read thus: “1. That, the above-captioned application is (cid:22)led by me seeking quashment of impugned FIR impugned FIR dated 2.5.2022 bearing No.11191044220275 registered with Ghatlodiya Police Station, Ahmedabad City for alleged o/ences under Sections 507, 294(b), 114 of the Indian Penal Code and Sections 33(3), 40, 42(d) of the Gujarat Money Lenders Act and all the consequential proceedings arising thereof.

2. I state and submit that, in view of the settlement with the original complainant and his uncle namely, Bhathibhai, being the victim, whom I had lent money, and feeling aggrieved by the same the impugned FIR being registered, I hereby declare that I have nothing left to be recovered from either the complainant or his uncle.

3. I further say and submit that in future I shall not raise any kind of grievance about any kind of monetary or other kind of bene(cid:22)ts in the nature of interest or property. Also, I undertake that neither my family member shall raise any objection to the present settlement inter-se and I waive any kind of rights vested or shall be deemed to be vested out of the said dispute narrated in the impugned FIR.

4. I, state that the present a7davit is (cid:22)led by me out of my free will and volition.” R/CR.MA/5366/2026 ORDER DATED: 06/03/2026

9. The relevant paragraphs of the a=davit !led by the complainant and the victim read thus: “1. I say and submit that I have no objections if the impugned FIR as well as the consequential proceedings, if any arisen out of the aforesaid FIR, is quashed and set aside against the present applicant.

2. I say and submit that we belong to the same community and I have amicably resolved the dispute and further the said resolution of settlement is acceptable to me.

3. I say and submit that I have no intention of continuing with any criminal prosecution against the present applicant in whatsoever manner.

4. I say and submit that I do not intend to prosecute the applicant herein and present consent a7davit is being (cid:22)led by me without any force, coercion or pressure and the present a7davit is (cid:22)led by me out of my own will and volition and I declare that the same is executed without any fear threat.”

10. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also taking into consideration the decisions rendered in the cases of Gian Singh Vs. State of Punjab & Anr., reported in (2012) 10 SCC 303, Madan Mohan Abbot Vs. State of Punjab, reported in (2008) 4 SCC 582, Nikhil Merchant Vs. Central Bureau of Investigation & Anr., reported in 2009 (1) GLH 31, Manoj Sharma Vs. State & Ors., reported in 2009 (1) GLH 190 and Narinder Singh & Ors. Vs. State of Punjab & Anr. reported in 2014 (2) Crime 67 (SC) as well as State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that continuing further with the criminal proceedings R/CR.MA/5366/2026 ORDER DATED: 06/03/2026 in relation to the impugned FIR as well as the criminal case against the applicant-accused would be an unnecessary harassment to the applicant-accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR as well as the criminal case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR as well as the proceedings of the criminal case so also all other consequential proceedings arising pursuant thereto are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhita,

11. In the result, the application is allowed. The FIR being C.R. No.11191044220275 of 2022 registered with the Ghatlodiya Police Station, District- Ahmedabad City, for the o7ences punishable under Sections 507, 294(b), 114 of the Indian Penal Code, as well as under Sections 33(3), 40, 42(d) of the Gujarat Money-Lenders Act; as well as the charge-sheet and the proceedings of the Criminal Case No.73915 of 2022 pending before the learned 22nd Additional Chief Judicial Magistrate, Ahmedabad City, so also all other consequential proceedings arising pursuant thereto qua the applicant are hereby quashed and set aside.

12. Rule made absolute. Direct service is permitted. (VIMAL K. VYAS, J) Original copy of this order has been signed by the Hon'ble Judge.