ORAL ORDER

1. Learned advocate Mr. Subham Waghmare 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 14.10.2025 passed by the learned Chief Judicial Magistrate, Palanpur at Banaskantha, in Criminal Case No.4579 of 2025 for the offence punishable under Section 138 of the Negotiable Instruments Act, as well as all other consequential proceedings arising pursuant thereto qua the applicant.

3. Today, when the matter is called out, the complainant, who is personally present before the Court, has produced his identity proof, which is ordered to be taken on record. The afÏdavit filed by the complainant is annexed at Annexure -B to the application. In the said afÏdavit, 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. Subham Waghmare 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 afÏdavit filed by the complainant read thus :

“1. I submit that, I had filed the Complaint u/s. 138 of the Negotiable Instruments Act, 1881, which culminated into Criminal Case No. 4579 of 2025, which was heard before Ld. Chief Judicial Magistrate, Banaskantha and the impugned Judgement & Order of Conviction dated 14/10/2025 passed, convicting the Applicant for the offence punishable U/s. 138 of the Negotiable Instruments Act, 1881, Ordering to Undergo Simple Imprisonment for 6 months and also Ordered to Pay Compensation of Rs. 65,000/- to the complainant.

2. I state & submit that, I had filed the present Complaint, but now with an amicable settlement has been arrived at between the Complainant and the petitioner herein, wherein petitioner have agreed and according settle grievance or grudges with the applicant and the matter is amicably settled amongst both the parties and Applicant have paid me the entire disputed Cheque amount i.e. Rs. 65,000- only, hence I don't want to proceed further.

3. Since it is a monetary dispute, wherein complainant's grievance is resolved by the petitioner and as the offences alleged against are personal in nature and hence, I, complainant, do hereby accord my consent to this Hon'ble Court to quash the impugned Judgement & Order of Conviction dated 14/10/2025 passed by Ld. Chief Judicial Magistrate, Banaskantha in Criminal Case No. 4579 of 2025 and consequently, all other proceedings arising out of the aforesaid Complaint also be quashed and set aside qua the petitioner, which would serve the purpose of justice.”

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 counsel appearing for the respective par