IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 4613 of 2026 ==========================================================

SOLANKI RAMESHBHAI BAKORBHAI Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. PUNDREEK B ODEDRA(17308) for the Applicant(s) No. 1 MR. UDAYKUMAR N SANGANI(19200) for the Applicant(s) No. 1 MS. ASMITA PATEL, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 24/02/2026

ORAL ORDER

1. Learned advocate Mr. Jigar K. Purani 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 21.09.2024 passed by the learned 20^th Additional Chief Judicial Magistrate, Vadodara, in Criminal Case No. 27560 of 2018, 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 this Court, has submitted an affidavit, which is ordered to be taken on record. In the said affidavit, the complainant has categorically stated that he has no grievance against the applicant as he has received his dues. He has also stated that the dispute with the applicant has been amicably resolved 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 Ms. Asmita Patel waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. Jigar K. Purani waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. The complainant, who is personally present in the Court, has categorically stated before this Court that he has no objection if the application is allowed and the impugned judgment and order of conviction and sentence dated

21.09.2024 passed by the learned 20^th Additional Chief Judicial Magistrate, Vadodara, in Criminal Case No. 27560 of 2018, is quashed and set-aside.

7. Thus, it appears from the aforesaid that to continue further with the proceedings pursuant to the impugned judgment and order of conviction and sentence would be a futile exercise and the same would amount to abuse of process of law. 8. The relevant paragraphs of the affidavit filed by the complainant – Sajidbhai Bhikhabhai Ganchi, read thus :

“2. I say and submit that after the order of conviction passed Criminal Case NO. 27560 of 2018 in which evidence was produced and argument was made by both the sides and thereafter the present applicant came to be ordered to undergo 1 year for the offence under Section 138 of NI Act along with fine of Rs. 10,000, being aggrieved by the order of conviction, the applicant preferred captioned CRMA before the appellate court for condonation of delay which came to be rejected, and subsequently, we have resolve the dispute, now no grievances exists amongst us. I say and submit that disputed amount is returned back by the accused and that is how dispute got resolved.

3. I say and submit that the dispute in question between the two parties came to be resolved amicably and peacefully, with the help of community leader, friends and relatives. I submit that as now the dispute no longer exists amongst us, under th