IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 27382 of 2025 ==========================================================

ANMOL BAID AGGARWALA Versus STATE OF GUJARAT & ANR.

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Appearance:

MR YH MOTIRAMANI(3720) for the Applicant(s) No. 1 MR APURVA R KAPADIA(5012) for the Respondent(s) No. 2 MR. MANAN MAHETA, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS Date : 27/03/2026

ORAL ORDER

1. 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. I- 96 of 2014 registered with the Sabarmati Police Station, District - Ahmedabad, for the offences punishable under Sections 406, 420, 467, 468, 471 and 120B of the Indian Penal Code, the charge-sheet, as well as the proceedings of the Criminal Case No. 1100331 of 2015, pending before the learned Additional Chief Judicial Magistrate, Court No.11, Ahmedabad, so also all other consequential proceedings arising pursuant thereto qua the applicant.

2. Today, when the matter is called out, the complainant is 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 the dispute with the applicant has been resolved and there is no ill-will or any grievance amongst them.

3. 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.

4. Rule returnable forthwith. Learned APP Mr. Manan Maheta waives service of notice of rule for and on behalf of the respondent No.1-State. Learned advocate Mr. Apurva Kapadia waives service of notice of rule for and on behalf of the respondent No.2 - complainant.

5. The complainant, who is personally present in the Court, has categorically stated that the dispute has been amicably resolved with the applicant and he has no objection if the FIR as well as the proceedings of the Criminal Case are quashed and set aside. Thus, sending the applicant-accused to face the trial would be a futile exercise.

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

“1. I say that I had lodged the FIR bearing I C.R. No.96/2014 with Sabarmati Police Station, Ahmedabad on 4.07.2014 for the offences punishable u/s.406, 420, 467, 468, 471 and 120B of Indian Penal Code against the present petitioner upon instructions from the Directors of Manav Infrastructure Pvt. Ltd. (MIPL). The FIR has culminated in charge sheet dated 6.10.2015 and is now numbered as C.C.No.1100331/2015 pending before the Honourable Addl. Chief Judicial Magistrate, Court No. 11, Ahmedabad City.

2. I say that the petitioner had shown interest in purchasing yarious properties of MIPL and finally agreed to purchase six properties in the schemes of MIPL, out of which five were residential properties in the schemes, namely, Balaji Green Valley and Balaji Upvan. However, the dispute in question relates only to bungalow no.11/A and bungalow no.2/B of the scheme 'Balaji Green Valley'.

3. I say that the petitioner initially purchased bungalow no.11/A vide sale deed no.5762/2012 dated 27.04.2012 (copy annexed at Annexure-R1 hereto), wherein cheque no.583802 (for Rs.1,40,00,000/-) and cheque no.583803 (for Rs.60,00,000/- were shown towards consideration. The petitioner then executed sale deed no.13063/2012 dated 4.10.2012 (copy annexed at Annexure-R2 hereto) for bungalow no.2/B, wherein also the same two cheques were mentioned. However, later on a rectification deed no.2911/2013 dated 5.03.2013 (copy annexed at Annexure-R3 hereto) was executed whe