ASHOKBHAI KARABHAI BHARDA vs STATE OF GUJARAT

R/SCR.A/15389/2026 JUDGMENT DATED: 26/10/2026
(GJHC240811872026)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (FOR CONSENT QUASHING) NO.
15389 of 2026

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No
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ASHOKBHAI KARABHAI BHARDA & ANR.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
MR ANIL H RATHOD(9691) for the Applicant(s) No. 1,2
MR. RANJIT D VADHER(14127) for the Applicant(s) No. 1,2
MR KANVA ANTANI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 26/10/2026

JUDGMENT
1. The captioned petition is filed for quashing the FIR being CR
No.11203012260434/2026 registered at Chorwad Police Station,
Junagadh for the offences punishable under Sections 5, 33 and 42 of
Gujarat Money Lenders Act and Section 3(5) of BNS, as the case may
be, as well as all consequential proceedings arising therefrom qua the
present petitioners herein.
2. Issue rule returnable forthwith. Learned APP accepts service of
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R/SCR.A/15389/2026 JUDGMENT DATED: 26/10/2026
(GJHC240811872026)
rule on behalf of respondent no.1 and waives service. Mr. Kirtikant N.
Solanki, leaned advocate accepts service of rule on behalf of original
complainant-respondent no.2 and waives service.
3. Learned counsel for the petitioners submitted that the matter has
been settled amicably, therefore, no purpose would be served to keep
alive the matter as the same would amount the sheer abuse of process
of law. He prayed for quashing of FIR. In support of his contention,
learned counsel for the petitioners placed the reliance upon the
judgment of Hon’ble Apex Court rendered in the cases of Gian Singh
Vs. State of Punjab & Anr., (2012) 10 SCC 303 and Rajesh Natwarlal
Agrawal Vs. State of Gujarat, 2005 (3) GLH 504. H e further submitted
that the original complainant has also filed the affadavit on record at
Annexure B, whereby he deposed that the matter has been amicably
settled.
4. Learned APP submitted that considering the seriousness of the
allegations levelled against the present petitioners, the present petition
deserves to be rejected.
5. Mr. Kirtikant N. Solanki, learned advocate for respondent no.2
appearing with original complainant-Mr. Karan Rameshbhai Vaja
appeared in person, submitted that the matter has been amicably
settled and now the respondent no.2/original complainant does not want
to continue with the litigation. He further submitted that the original
complainant has also filed the affidavit at Annexure B on record. He
submitted that in the said affidavit, he deposed that the matter has
already been settled and he has no objection if the FIR is quashed.
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R/SCR.A/15389/2026 JUDGMENT DATED: 26/10/2026
(GJHC240811872026)
6. Having heard the learned advocates appearing for the respective
parties and considering the facts and circumstances of the case, the
matter has been settled. Further the original complainant has filed the
affidavit on record at Annexure B. In para 3, 4 and 5 of the said affidavit,
he deposed as under:-
“3. I say and submit that I've filed CR. No. 11203012260434 of 2026 of
registered before Chorwad Police Station, District- Junagadh on dated.
06.10.2026 for the offence punishable under sec. 5,33, and 42 of Gujarat
Money lenders Act and under section 3(5) of BNS. I say and submit that
dispute pertains to personal and private in nature, and with the help of
friends, family.
4. I say and submitted that I have returned principal amount of rupees
15000/- to accuse namely Ashokbhai Karabhai Bharda and Sudhir
Ashokbhai Bharda which I have borrowed from him and I have not paid
interest to the accuse Ashokbhai Karabhai Bharda and Sudhir Ashokbhai
Bharda.
5. I say and submit that the dispute between myself and petitioners-
accused is settled now and we have buried our grievances, and it was
decided to conclude the proceedings. I say and submit that as now the
dispute is no longer exists between myself and petitioners, ,therefore
humbly urges the Hon'ble Court to terminate the //proceeding as prayed for
by the petitioners by quashing and setting aside the F.I.R being CR No.
11203012260434 of 2026 of registered before Chorwad Police Station,
District- Junagadh on dated. 06.10.2026 for the offence punishable under
sec. 5,33, and 42 of Gujarat Money lenders Act and under section 3(5) of
BNS. and further proceedings arising thereof, I've no objection.”
7. In view of the specific affidavit of the original complainant and
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R/SCR.A/15389/2026 JUDGMENT DATED: 26/10/2026
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having regard to the fact that the matter has been amicably settled.
Therefore, the continuation of the litigation would amount to sheer
abuse of the process of law. Thus, considering the settlement affidavit
as also taking into consideration the decisions rendered in Gian Singh
Vs. State of Punjab (supra) ; Rajesh Natwarlal Agrawal Vs. State of
Gujarat (supra); Madan Mohan Abbot Vs. State of Punjab, (2008) 4
SCC 582; Nikhil Merchant Vs. CBI & Anr., 2009 (1) GLH 31; Manoj
Sharma Vs. State & Ors., 2009 (1) GLH 190; Narinder Singh & Ors.
Vs. State of Punjab & Anr., (2014) 6 SCC 466; and State of Haryana
Vs. Bhajan Lal, AIR 1992 SC 604 , this Court is of the opinion that no
fruitful purpose would be served by permitting the prosecution to
continue. Hence, in order to secure the ends of justice, the impugned
FIR and all consequential proceedings deserve to be quashed and set
aside.
8. In the result, the present application is allowed. The FIR being CR
No.11203012260434/2026 registered with Chorwad Police Station,
District Junagadh, as well as all consequential proceedings arising
therefrom, are hereby quashed and set aside qua the present
petitioners.
(MOOL CHAND TYAGI, J)
Harshit
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