IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR QUASHING & SET ASIDE FIR/ORDER) NO. 8777 of 2017 With CRIMINAL MISC.APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2025 In R/CRIMINAL MISC.APPLICATION NO. 8777 of 2017 With CRIMINAL MISC.APPLICATION (DIRECTION) NO. 1 of 2026 In R/CRIMINAL MISC.APPLICATION NO. 8777 of 2017 ==========================================================

SHRENIK KUMAR OMPRAKASH BALAR & ANR.

Versus STATE OF GUJARAT & ANR.

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Appearance:

MR C B UPADHYAYA(3508) for the Applicant(s) No. 1,2 MS SM AHUJA(118) for the Respondent(s) No. 2 MS. VRUNDA SHAH, APP for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 10/03/2026

ORAL ORDER

1. This application is filed for quashing and setting aside the FIR being I- C.R. No. 60 of 2017 registered with the Shahibaugh Police Station, Ahmedabad under the provision of Sections 406, 420 and 114 of the IPC, against the present applicant No.1 namely, Shrenik Kumar Omprakash Balar, who is son of the applicant No.2 – Omprakash Balar and the applicant No.2 namely, Omprakash Balar. As per the alleged FIR, the complainant is the dealer in the business of the clothes, since last 8 to 10 years. It is alleged in the complaint that accused No.1, who is the father of the accused No.2 approached the complainant for the purpose of purchasing clothe material on credit and has purchased goods worth Rs.30 Lakhs in the year 2012, out of which, the said amount of Rs.10 Lakhs was paid as partial payment of the goods and the remaining amount has not been paid. Therefore, the impugned FIR was lodged on

08.03.2017 claiming offence made from 07.08.2012 to 19.10.2012.

2. Heard learned advocate Mr. C.B. Upadhyaya for the applicants and learned advocate Ms. S.M. Ahuja for the respondent No.2.

3. It is submitted by learned advocate Mr. Upadhyaya that the FIR was lodged in the year 2017, claiming the transactions prior to four and half years and without explanation of any delay. It is submitted that in the said FIR allegations were made for cheating and breach of trust. It is submitted by learned advocate Mr. Upadhyaya that dispute which is in the civil nature, tried to given colour of criminal proceedings and as short cut of recovery of the amount, the impugned FIR came to be lodged. It is submitted that as per the business terms credit of 990 days was given and during this period the accused had paid amount, however, there was discrepancy with regard to the account and the remaining payment was not made and the same was stated cheating and breach of trust. With that background, it is submitted the registration of the FIR is nothing but abuse of process of law and to secure ends of justice, the same is required to be set aside by allowing the present application.

4. Per contra, learned advocate Ms. Ahuja for the respondent No.2 submits that for the recovery of the amount due, the civil suit is filed against the wife being Summary Suit No. 1050 of 2022, which was decreed in favour of the complainant vide judgment dated 21.06.2023. It is submitted the order passed by the learned Civil Court came to be challenged before this Court and due to pendency of the proceedings before this Court, the complainant is unable to recover the amount. It is submitted by learned advocate Ms. Ahuja that accused No.2, who is the son of the accused No.1 used to change the address one after another, therefore the suit, which is filed against the accused no.2 being Summary Suit No.1486 of 2022 was dismissed for want of further proceedings by the learned Court. It is submitted that the accused No.2 was shown as absconding in the charge sheet, which is filed before the learned Magistrate and warrant under Section 70 of the Cr.PC is also imposed, in that back ground the impugned FIR is required to be tried by the learned Magistrate and no interference is required by this Court.

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