Oral Order

1. By way of preferring the present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the applicant- original accused seeks to invoke the inherent powers of this Court, praying to quash and set- aside the First Information Report being C.R.No.I- 428 of 2003 registered with the Bapunagar Police Station, Ahmedabad, for the offences punishable under Sections 406, 409, 420, 467, 468, 471 and 120-B of the Indian Penal Code; the charge sheet as well as the proceedings of the Criminal Case No.4013 of 2007 pending before the learned Additional Chief Judicial Magistrate, Court No.14, Ahmedabad city, so also all other consequential proceedings arising pursuant thereto.

2. Today, when the matter is called out, the authorised Officer of the complainant Bank, 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 affidavit, the authorised officer of the complainant bank has categorically stated that the dispute between the complainant bank and the applicant- accused has been amicably resolved and there is no ill-will or any grievance amongst them. Therefore, the complainant bank does not want to proceed further with the criminal proceedings pursuant to the impugned FIR, the charge-sheet and the Criminal Case against the present applicant.

3. 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 the learned advocates appearing for the respective parties, the present application is taken up for final disposal.

4. RULE returnable forthwith. Learned APP Ms.Krina Calla waives service of notice of rule for and on behalf of the respondent No.1 - State and learned advocate Mr.Harmin Shah waives service of notice of rule for and on behalf of the respondent no.2 - complainant.

5. Learned advocate for the applicant-accused has submitted that since the dispute has been amicably resolved between the parties, the application may be allowed and the impugned FIR, the charge-sheet as well as the proceedings of the Criminal Case may be quashed and set- aside.

6. The authorised officer of the complainant bank, who is present in the Court, has categorically stated before this Court that the complainant bank has no objection if the application is allowed and the impugned FIR; the charge- sheet as well as the proceedings of the Criminal Case are quashed and set-aside. Thus, it appears from the aforesaid that sending the applicant-accused to face the trial would be nothing but a futile exercise and would amount to abuse of process of law.

7. The relevant paragraphs of the affidavit of the original complainant, read thus :

          "1. I respectfully state and submit that the petitioners herein have filed the present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 seeking quashing of criminal proceedings initiated against petitioners. It is submitted that the petitioners have issued notice to respondent no. 2 through Mr. Kanusinh Dabhai however it is stated that I am authorised person of respondent no. 2 Bank i.e. The Cosmos Co-operative Bank Limited and I am well versed with the facts of the case and have the authority/power and competent to file this Affidavit.

          2. At the outset, I respectfully state and submit that the principal borrower had borrowed the loan in sum of Rs. 39,500/- from the Union Commercial Co- Operative Bank Ltd. Rakhial Branch, Ahmedabad. The Union Commercial Co-operative Bank Limited had lodged the complaint against the present petitioner and others as the instalment in the loan account was not deposited.

          3. I respectfully state and submit that The Cosmos Co-Operative Bank Limited is the Multi State Co- operative Bank registered under the provisions of the Multi-State Co-operative Societies Act, 2002. The Union Commercial Co-operative Bank Limited was merged with the Cosmos Co-operative Bank Limited under the provisions of the Multi State Co-operative Societies Act, 2002.

          4. I respectfully state and submit that the principal borrower has settled the loan account with Union Commercial Co-Operative Bank Ltd. which is now Cosmos Co-Operative Bank Limited. The bank has also issued the No-Due certificate dated 30.01.2004.

          5. In view of the full and final settlement of the aforesaid loan account, the bank does not have any objection if the prayers sought in the application by the petitioners is granted by this Hon'ble Court."

8. Having heard learned counsel appearing for the respective parties, as well as considering the facts and circumstances arising out of the present application and also taking into consideration the decisions rendered 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) and State of Haryana Vs. Bhajanlal reported in AIR 1992 SC 604, it appears that continuing further with the criminal proceedings in relation to the impugned FIR, the charge-sheet as well as the Criminal Case against the applicant-accused would be an unnecessary harassment to the applicant-accused. It further appears that the trial would be a futile exercise and further continuing with the proceedings pursuant to the impugned FIR, the charge- sheet as well as the Criminal Case would amount to abuse of process of law. Hence, to secure the ends of justice, the impugned FIR, the charge-sheet as well as the proceedings of the Criminal Case, so also all other consequential proceedings arising pursuant thereto are required to be quashed and set aside in exercise of the powers conferred under Section 528 of the of the Bharatiya Nagarik Suraksha Sanhita, 2023.

9. In the result, the application is allowed. The First Information Report being C.R.No.I- 428 of 2003 registered with the Bapunagar Police Station, Ahmedabad, for the offences punishable under Sections 406, 409, 420, 467, 468, 471 and 120-B of the Indian Penal Code; the charge sheet as well as the proceedings of the Criminal Case No.4013 of 2007 pending before the learned Additional Chief Judicial Magistrate, Court No.14, Ahmedabad city, so also all other consequential proceedings arising pursuant thereto, are hereby ordered to be quashed and set-aside qua the present applicant only.

Rule made absolute. Direct service is permitted.