IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 5880 of 2026 ==========================================================

JIGNESHBHAI POONAMCHAND SHAH Versus STATE OF GUJARAT & ANR.

==========================================================

Appearance:

ANURAG R RATHOR(9315) for the Applicant(s) No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 12/03/2026

ORAL ORDER

1. Learned advocate Mr. Nayan Gupta appears and submits that he has instructions to appear on behalf of the respondent no.2 – original complainant. He is permitted to file his appearance. Registry shall accept his vakalatnama.

2. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant-accused seeks to invoke the inherent powers of this Court, praying to quash and set-aside the First Information Report being I-C.R. No. 8 of 2016 registered with the Manjalpur Police Station, District Vadodara, for the offences punishable under Sections 406, 409, 420, 465, 467, 468, 471, 120B of the Indian Penal Code, as well as the charge-sheet and the proceedings of the Criminal Case No.23742 of 2016 pending before the learned trial Court, Varodara, so also all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the complainant is present before this Court through virtual mode. He has also filed an affidavit, which is annexed at Annexure ‘B’ to the application. The complainant has admitted the contents of the affidavit and has specifically stated that out of Rs.74,98,647/-, he has received Rs. 20,00,000/- as full and final settlement amount, through a demand draft dated 05.02.2026 of the HDFC Bank Ltd. In the said affidavit, the complainant has also categorically stated that with the intervention of the friends, family members and community people, the dispute has been amicably resolved with the applicant and there is no ill-will or any grievance amongst them.

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

5. RULE returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Nayan Gupta waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. Learned advocate for the applicant-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR, the charge-sheet as well as the proceeding of the criminal case, may be quashed and set-aside.

7. The complainant who is present in the Court through virtual mode, has categorically stated before this Court that he has no objection if the application is allowed and the impugned FIR is quashed and set-aside. Thus, it appears from the aforesaid that sending the applicant-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law.

8. The relevant paragraphs of the affidavit filed by the complainant – Bimal Ranchhodbhai Patel, read thus :

“2. I say and submit that during the pendency of the proceedings, with the help of friends and family, the matter between the company and the applicant is resolved, and I therefore do not wish to proceed with the F.I.R. and further proceedings arising out of the same qua the applicant

3. It is respectfully stated and submitted that Applicant and Respondent No. 2 have amicably resolved all their financial disputes and pursuant thereto, the respondent no.2 has paid a sum of Rs 20,00,000/- towards the settlement amount which has been paid by demand draft dated 0