YOGESHBHAI KHEMCHAND SHAHversusSTATE OF GUJARAT

     R/CR.MA/2972/2026                             ORDER DATED: 02/04/2026




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 2972
                           of 2026

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                         YOGESHBHAI KHEMCHAND SHAH
                                    Versus
                           STATE OF GUJARAT & ANR.
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Appearance:
MR D V SHAH(10719) for the Applicant(s) No. 1
MR HR PRAJAPATI(674) for the Applicant(s) No. 1
MR PIYUSH M. VALU, LD.ADVOCATE FOR MR HARMIN D SHAH(10721)
for the Respondent(s) No. 2
MS KRINA CALLA, LD.ADDL. PUBLIC PROSECUTOR for the Respondent(s)
No. 1
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 CORAM:HONOURABLE MR. JUSTICE VIMAL K. VYAS

                               Date : 02/04/2026

                                  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- 427 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.4012 of 2007 pending before the
learned Additional Chief Judicial Magistrate, Court No.14,
Ahmedabad city, so also all other consequential proceedings
arising pursuant thereto.


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     R/CR.MA/2972/2026                                    ORDER DATED: 02/04/2026




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.



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     R/CR.MA/2972/2026                                 ORDER DATED: 02/04/2026




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

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     R/CR.MA/2972/2026                       ORDER DATED: 02/04/2026




       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 03.02.2004.

       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


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     R/CR.MA/2972/2026                      ORDER DATED: 02/04/2026




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- 427 of 2003 registered


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       R/CR.MA/2972/2026                                                            ORDER DATED: 02/04/2026




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.4012 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.

                                                                                         (VIMAL K. VYAS, J)

DIPTI PATEL




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: DIPTIBEN PIYUSH PATEL(HC00191), PRINCIPAL PRIVATE SECRETARY, at High Court of Gujarat on 02/04/2026 18:24:23




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