ORDER :

1. We have heard learned counsel for the parties at some length.

2. The examination of the common impugned judgment dated 05.05.2017, passed by the High Court of Gujarat at Ahmedabad in Special Criminal Application (Quashing) No. 4758 of 2015 and Special Criminal Application No.4759 of 2015, allowing and accepting the prayer for quashing of First Information Report¹[For short “FIR”] No.CR I/2/2015 dated 23.01.2015 registered at Police Station Gandhinagar Zone, District – Gandhinagar, Gujarat, would show that a detailed factual examination and evaluation has been undertaken. We are of the opinion that the said examination and evaluation should not have been done by the High Court. There are disputed questions of fact, as the private respondent(s) have taken a plea that the two agreements dated 25.07.2013 and 13.08.2013 are not binding on the company – Geetanjali Jewellery Retail Limited²[For short “GJRL”], which is a subsidiary of Gitanjali Gems Limited. Learned counsel appearing on behalf of the appellant – Digvijaysinh Himmatsinh Jadeja in fact submits that the agreements are valid and binding. It is also submitted that in terms of the agreement dated 13.08.2013, the private