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CDJ 2026 GHC 102 print Preview print print
Court : High Court Of Gujarat At Ahmedabad
Case No : R/Criminal Misc.Application (For Quashing & Set Aside Fir/Order) No. 15555 Of 2019
Judges: THE HONOURABLE MRS. JUSTICE M.K. THAKKER
Parties : Ashish Kamleshbhai Sanghvi Versus State Of Gujarat & Another
Appearing Advocates : For the Applicant: Ashish M. Dagli(2203), Advocate. For the Respondents: Bhadrish S. Raju(6676), Public Prosecutor.
Date of Judgment : 25-03-2026
Head Note :-
Indian Penal Code - Sections 406, 420, 465, 467, 468, 471 and 114 -
Judgment :-

Oral Order

1. The present application is filed for quashing the FIR being C.R. No.1-114 of 2018 registered with Satellite Police Station, Ahmedabad for the offences punishable under Sections 406, 420, 465, 467, 468, 471 and 114 of the IPC.

2. At the outset, it is submitted by learned advocate Mr. Bhadrish Raju appearing for the complainant that the matter has been settled between the parties, and on the basis of the said settlement, the quashing petition filed by accused Nos. 1 to 3, being Special Criminal Application No. 3745 of 2026, has been disposed of. Learned advocate Mr. Bhadrish Raju has also placed on record the affidavit of the complainant, which is ordered to be taken on record, confirming the aforesaid aspect.

3. This Court has referred to the said affidavit, which is reproduced hereinbelow;

          "1. Abhimanyu Kantilal Sharma, Age- 45 years, Gender- Male, Occupation: Business, at present residing at: Bangalore, Karnataka. Permanent resident of Satellite, Ahmedabad, Gujarat, the Respondent No.2 (Org. Complainant) in the above captioned application herein state and declare on oath and solemnly affirm as under:-

          1. I respectfully submit that I am the respondent no. 2 in the present application and original complainant in FIR registered being C.R No. 1-114 of 2018 for the offences punishable u/s. 406, 420, 465, 467, 468, 471 & 114 of the Indian Penal Code, 1860. I say and submit that upon intervention of trusted persons of society and well-wishers of both sides, settlement has been arrived between the Complainant (Resp. No. 2) and applicant. I further submit that the dispute between the parties has been resolved.

          2. I have amicably settled the matter by way of compromise with the applicant, I have no dispute with the applicant, and I hereby undertake to withdraw all the allegations/litigations against the applicant.

          3. 1 respectfully say and submit that the settlement as arrived between us would be binding to me/my legal representative with respect to the offences, I have settled this matter without any coercion or force from the applicant.

          4. 1 respectfully say and submit that I am withdrawing all allegations alleged by me with respect to this offence i.e. being C.R No. 1-114 of 2018 for the offences punishable u/s. 406, 420, 465, 467, 468, 471 & 114 of the Indian Penal Code, 1860 and other proceedings arising out of the same before this Hon'ble Court. I say and submit that I have no objection if the said F.I.R. is quashed by this Hon'ble Court by way of allowing the present applicant.

          5. I say and submit that I have settled the dispute with the applicant and therefore, in the interest of justice and to lessen the hardship of the parties, I agree to quash the Complaint and other proceeding arising out of the same registered being C.R No. 1-114 of 2018 for the offences punishable u/s. 406, 420, 465, 467, 468, 471 & 114 of the Indian Penal Code, 1860.

          6. It is respectfully submitted that the applicant has settled the matter with the Org. Complainant by way of Settlement dated 05.03.2026 and all the payables qua the full and final settlement have been received by the Org. Complainant - Respondent No.2 and there remains no dispute between the parties. Therefore, I say and submit that I have no objection if the complaint and the proceedings arising out of the same are quashed and set aside.

          7. I respectfully submit that the affidavit tendered by me has been made voluntarily and without any force or influence and the same need to be considered at the time of deciding on the present application.

          8. The contents of paragraphs 1 to 7 are true and correct to the best of my knowledge and belief."

4. Having heard the learned advocates appearing for the respective parties, considering the facts and circumstances arising out of the present application as well as taking into consideration the decisions rendered by the Hon'ble Supreme Court in the cases of 'Gian Singh Vs. State of Punjab & Anr.', reported in (2012) 10 SCC 303, 'Madan Mohan Abbot Vs. State of Punjab', reported in (2008) 4 SCC 582, 'Nikhil Merchant Vs. Central Bureau of Investigation & Anr.', reported in 2009 (1) GLH 31, 'Manoj Sharma Vs. State & Ors.', reported in 2009 (1) GLH 190 and 'Narinder Singh & Ors. Vs. State of Punjab & Anr.', reported in 2014 (2) Crime 67 (SC), it appears that further continuation of criminal proceedings in relation to the impugned FIR against the applicant would be unnecessary harassment to the applicant. I have also considered the latest decision of the Hon'ble Supreme Court in the case of 'Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and others v. State of Gujarat', Criminal Appeal No.1723 of 2017, dated 4.10.2017 and the guidelines issued by the Hon'ble Supreme Court in the said decision, particularly Paragraph-15, thereof. Considering the nature of disputes between the parties which are all private in nature, I am of the opinion that the matter requires consideration. It appears that the trial would be futile and further continuance of the proceedings pursuant to the impugned FIR would amount to abuse of process of law and hence, to secure the ends of justice, the impugned FIR is required to be quashed and set aside in exercise of powers conferred under Section 482 of the Code.

5. Resultantly, this application is allowed and the impugned F.I.R., bearing C.R. No.1-114 of 2018 registered with Satellite Police Station, Ahmedabad, is hereby quashed and set aside qua the applicant only. Consequently, all other proceedings arising out of the aforesaid F.I.R. are also quashed and set aside qua the applicants. Accordingly, Rule is made absolute. Direct service is permitted.

 
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