IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4900 of 2026 ==========================================================

PATEL VISHNUBHAI ASHABHAI Versus STATE OF GUJARAT & ANR.

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

Appearance:

MR. ARSH H. JOSHI(16389) for the Applicant(s) No. 1 MR. RONAK RAVAL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 26/02/2026

ORAL ORDER

1. Learned advocate Mr. Kaushik Barot appears and submits that he has instructions to appear on behalf of the respondent no.2 – 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 impugned judgment and order dated 12.01.2026 passed by the learned Judicial Magistrate First Class at Vadali, District- Sabarkantha, in Criminal Case No.579 of 2025, for the offence punishable under Section 138 of the Negotiable Instruments Act, as well as all other consequential proceedings arising pursuant thereto.

3. Today, when the matter is called out, the complainant, who is personally present before the Court, has produced his identity proof as well as the affidavit, which are ordered to be taken on record. In the said affidavit, the complainant has categorically stated that he has received his dues and the dispute has been amicably resolved with the applicant. The complainant has further stated that he has no grievance or ill-

will against the applicant.

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 learned advocates appearing for the respective parties, the present application is taken up for final disposal.

5. RULE returnable forthwith. Learned APP Mr. Ronak Raval waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Kaushik Barot waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. The complainant, who is personally present before the Court, has categorically stated that the dispute has been amicably resolved with the applicant and he has no objection if the application is allowed and the impugned judgment and order is quashed and set-aside.

7. The relevant paragraphs of the affidavit filed by the complainant read thus :

“1. I am the original complainant (Respondent no.2) of Criminal Case No. 579 of 2025 by the Learned Judicial Magistrate First Class at Vadali.

2. I say that I have received a sum of Rs. 1,75,000/- (Rupees One Lakh Seventy-Five Thousand Only) today in cash towards full and final settlement in Criminal Case No. 579 of 2025 pending before the learned Judicial Magistrate First Class at Vadali, arising under Section 138 of the Negotiable Instruments Act, 1881. I further state that I have amicably settled the dispute with the petitioners, and nothing remains due and payable on this count.

3. I say that after having entered into settlement, now, I have no any grievance against the present petitioners have cordial relations with the petitioners. No dispute remains to be redressed by me against the petitioners anymore in view of amicable settlement between us.

4. Therefore, I have no objection if the impugned Criminal Case No. 579 of 2025 by the Learned Judicial Magistrate First Class at Vadali and all proceedings in pursuance thereto are quashed by this Hon'ble Court. I have no grievance against the accused person and this Hon'ble Court may be pleased to allow the petition, as prayed for.”

8. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned judgment and order would be a futile exerc