IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 3358 of 2026 ==========================================================

MUKESHBHAI KHENGARBHAI SENMA Versus STATE OF GUJARAT & ANR.

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Appearance:

MR. CHIRAG B. AYDI for MR. MAULIK M SONI(7249) for the Applicant(s)

No. 1 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 12/02/2026

ORAL ORDER

1. Learned advocate Mr. V.K. Rana appears and submits that he has instructions to appear on behalf of the respondent no.2 - complainant. 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 judgment and order dated 29.03.2025 passed by the learned 2^nd Additional Chief Judicial Magistrate, Patan, in Criminal Case No.2352 of 2023, 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 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. Manan Maheta waives service of notice of rule for and on behalf of the respondent no.1 – State and learned advocate Mr. V.K. Rana waives service of notice of rule for and on behalf of the respondent no.2 – complainant.

6. The complainant, who is personally present before this 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 – Mahendrabhai Jethabhai Parmar, read thus :

“

2. I say that I have gone through the memo of petition and the facts and grounds stated in the memo of petition are not disputed by me. At the outset 1 say and submit that the disputes and grievances of both the sides have been amicably settled and I have received full amount and now I have no grievance against the petitioner.

3. In the facts and circumstances as narrated above, I at my free will, wish and desire am stating on oath that I do not wish to prosecute further against the petitioner and as the dispute between us has been amicably settled. I state that the Judgment and order dated 29.03.2025passed in Criminal Case no. 2352 OF 2023 passed by the Ld. 2nd Add. Chief Judicial Magistrate Patan may kindly be quashed.

અમોફરિ(cid:6)યાદી ને આ કામના અ(cid:6)જદા(cid:6) વચ્ચે રૂરિ(cid:20)યા ૩૫૦૦૦/-સમાધાન થઇ ગયેલ છે અને જે (cid:6)કમ અમોને (cid:20)્(cid:6)ાપ્ત થયેલ છે અને નામદા(cid:6) કોર્ટ # દ્વા(cid:6)ા અ(cid:6)જદા(cid:6) રિવરુદ્ધ સજાનો હુકમ (cid:6)દ ક(cid:6)ે

તેમાં અમોને કોઈ વાંધો કે તક(cid:6)ા(cid:6) નથી .

”

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 exercise and the same would amount to abuse of process of law.

9. Having heard learned advocates appearing for the respective parties as well as considering the facts and circumstances arising o