IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 5366 of 2026 ==========================================================

ANANDBHAI BADDEVBHAI DESAI Versus STATE OF GUJARAT & ANR.

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

Appearance:

MR. ALOK M THAKKAR(6510) for the Applicant(s) No. 1 MS. KRINA CALLA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 06/03/2026

ORAL ORDER

1. Leave to amend. Necessary amendment shall be carried out forthwith.

2. 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 file his appearance. Registry shall accept his vakalatnama.

3. By way of filing 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 offences punishable under Sections 507, 294(b), 114 of the Indian Penal Code, and 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 22^nd 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 affidavit filed 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 affidavit, which is ordered to be taken on record. In the said affidavits, 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 final 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.

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 affidavit filed by the applicant read thus:

“1. That, the above-captioned application is filed 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 offences 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 benefits in the nature of interest or property. Also, I underta