YANKI SIZZLER, A FIRMversusSTATE OF GUJARAT

     R/CR.MA/12161/2026                              ORDER DATED: 05/06/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO.
                           12161 of 2026

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                          YANKI SIZZLER, A FIRM & ANR.
                                     Versus
                           STATE OF GUJARAT & ANR.
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Appearance:
MR FAKHRUDDIN A JADALIWALA(12540) for the Applicant(s) No. 1,2
MR. ROHAN H. RAVAL, APP for the Respondent(s) No. 1
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 CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

                                Date : 05/06/2026

                                 ORAL ORDER


1.      Learned advocate Mr. Hemil Dave states that he has
instructions to appear on behalf of the respondent No. 2 herein –
original complainant and shall file his Vakalatnama before the
Registry. Registry to accept his Vakalatnama.


2.      Rule. Learned Additional Public Prosecutor as well as learned
advocate appearing for the original complainant waive service of
notice of Rule on behalf of the respective respondents.


3.       Considering the issue involved in the present application,
with the consent of the learned advocates appearing for the
respective parties as well as considering the fact that the dispute
amongst the applicants and original complainant has been resolved
amicably, this application is taken up for final disposal today as
alleged offence is compoundable.

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     R/CR.MA/12161/2026                           ORDER DATED: 05/06/2026




4.       This application under Section 147 of the Negotiable
Instruments Act read with Section 528 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (BNSS) is filed seeking to quashing and
setting aside the judgment and order of conviction passed in
Criminal Case No.3275 of 2023 by 7 th Additional Judicial Magistrate
First Class, Gandhinagar, dated 18.02.2026, on the basis of
settlement / consent.


5.       Learned advocate for the applicants has taken this Court
through the factual matrix arising out of the present application.
However, it is submitted that the parties have amicably resolved the
issue. It is further submitted that in view of the fact that the dispute
is resolved, present application deserves consideration.


6.       Learned advocate for original complainant has reiterated the
contentions raised by the learned advocate for the applicants.
Original complainant – Shailesh Ambalal Patel appeared before the
Court. The complainant affirms the factum of settlement. He has also
filed an affidavit at page No.52, stating therein that he has no
objection if the judgment and order impugned in this application is
quashed and set aside. He also states that he has filed the affidavit
without any coercion, threat or undue influence, on his own volition.
On inquiry made by the Court, the original complainant has declared
before this Court that the dispute between the applicants and the
original complainant is resolved and therefore, now the grievance



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      R/CR.MA/12161/2026                                                               ORDER DATED: 05/06/2026




stands redressed. It is, therefore, submitted that the present
application may be allowed.


7.          Learned Additional Public Prosecutor appearing for the State
has submitted that in the facts and circumstances of the case and in
view of the extant law, Court may pass appropriate orders.


8.          Considering the fact that the dispute is settled between the
parties and said fact has been confirmed by the complainant, as the
offence is compoundable one at any stage under Section 147 of the
NI Act.


9.        Resultantly, this revision application is allowed. The judgment
and orders impugned in this application, referred to herein above, are
hereby quashed and set aside. The applicants are acquitted of the
present charge. Bail bond and surety, if any, shall stand discharged.


10.         Rule is made absolute to the aforesaid extent. Direct service
is permitted.


                                                                                                (P. M. RAVAL, J)
NITIN MAKWANA

Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: NITIN INDRAVADAN MAKWANA(HCW0110), ENGLISH STENOGRAPHER GRADE I, at High Court of Gujarat on 05/06/2026 14:18:30




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