Modification of Order dtd.

undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO. 11536 of 2025 [On note for speaking to minutes of order dated 10/09/2025 in R/SCR.A/11536/2025 ]

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GAJJAR DHARMESHKUMAR GOVINDBHAI Versus JADEJA CHANDRADEEP SINGH & ANR.

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Appearance:

MS POOJA D RAVAL(11867) for the Applicant(s) No. 1 MR MANAN MAHETA, APP for the Respondent(s) No. 2 ============================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 26/09/2025

ORAL ORDER

Perused the note for speaking to minutes.

In paragraph no.1 of order dated 10.09.2025, name of learned Advocate “Ms. M.S. Acharya” be substituted with name “Mr. Raju Desai”. Rest of the order shall remain as it is.

Present note for speaking to minutes is disposed of in aforesaid terms.

Registry is directed to issue fresh writ accordingly.

(HASMUKH D. SUTHAR,J)

ANKIT undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.

11536 of 2025 ==========================================================

GAJJAR DHARMESHKUMAR GOVINDBHAI Versus JADEJA CHANDRADEEP SINGH & ANR.

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Appearance:

MS POOJA D RAVAL(11867) for the Applicant(s) No. 1 Ms MEGHA CHITALIYA, APP for the Respondent(s) No. 2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR Date : 10/09/2025

ORAL ORDER

1. Learned advocate Ms. M.S. Acharya states that she has instructions to appear on behalf of the original complainant and thereby, seeks permission to file his Vakalatnama, which is granted. Heard learned advocates for the respective parties.

2. RULE. Learned advocates waive service of notice of rule on behalf of the respective respondents.

3. 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.

4. By way of this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the applicant has prayed to quash and set aside the judgment and order dated 14.12.2023 passed by the the learned 4^th Additional Chief Judicial magistrate Gandhinagar in Criminal Case No.3062 of 2022. 5. Learned dvocate for the applicants submits that the applicants have nothing to do with the offence and they are falsely implicated in the offence. However, the matter has been amicably settled between the parties, and they have no objection if the complaint is quashed. Therefore, the application may be allowed.

6. 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, which is taken / placed on record. In the Affidavit, the original complainant have categorically stated that the dispute with the applicant 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.

7. Having heard the learned advocates on both sides and considering the documents on record, the matter has now been amicably resolved between the parties and in this regard the complainant has filed affidavit on record stating that he has no objection if the compliant is quashed. Therefore, no fruitful purpose would be served by proceeding with the matter further.

8. In view of 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 (1) GLH 31, (iv) Manoj Sharma Vs. State &