AMIT ASHOK KANUNGO vs STATE OF GUJARAT

Court
Gujarat High Court

R/SCR.A/9459/2019 JUDGMENT DATED: 04/11/2026
(GJHC240671572019)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 9459 of 2019

FOR APPROVAL AND SIGNATURE:


HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

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Approved for Reporting Yes No
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AMIT ASHOK KANUNGO & ORS.
Versus
STATE OF GUJARAT & ANR.
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Appearance:
JAY K PUROHIT(9147) for the Applicant(s) No. 1,3
MR FAKHRUDDIN A JADALIWALA(12540) for the Applicant(s) No. 1,3
MR SK BAGGA(5891) for the Applicant(s) No. 2
MR SIDDHARTH H DAVE(5306) for the Respondent(s) No. 2
MS. JIRGA JHAVERI, APP for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

Date : 04/11/2026

JUDGMENT
1. The Petitioner has preferred the instant petition under Article 14,
226 & 227 of the Constitution of India read with Section 482 of Code of
Criminal Procedure, 1973, seeking the following reliefs:-
a) That this Hon'ble Court may be Pleased to issue
appropriate write, order or direction in the nature of
mamdamus or certiorari or any other appropriate
writ, order or direction quashing and setting aside
the impugned complaint at Annexure "A" vide CRI
167/2019 Narol Police Station;
b) That this Hon'ble Court may be Pleased to stay the
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R/SCR.A/9459/2019 JUDGMENT DATED: 04/11/2026
(GJHC240671572019)
further proceedings pursuant to the impugned
complaint at Annexure-"A" vide CR I-167/2019 Narol
Police Station be stayed and the respondents, there
agents or servants from taking any steps and/or in
connection with or pursuant to the complaint at
Annexure - "A" in any manner, till and pending
hearing and final disposal of this petition;
c) That this Hon'ble Court may be Pleased to grant
such other and further relief's as deem fit in the
interest of Justice.
3. Issue Rule to the respondents, returnable forthwith. Learned APP
accepts and waives service of Rule on behalf of respondent No.1 –
State. Learned advocate, Mr. Chintan Acharya appearing on behalf of
learned advocate – Mr. Sidharth Dave accepts and waives service of
Rule on behalf of respondent No.2. Original complainant/Respondent
No.2 – Mr. Vimalprakash Ramswarup Agrawal is present before this
Court and he has been duly identified by his advocate.
4. Heard learned counsel for the parties.
5. Learned counsel for the petitioners submitted that FIR being
C.R.No.I-167/2019 was registered before Narol Police station for the
offences punishable under Sections 406, 420 & 114 of IPC. He
submitted that the matter has now been amicably settled between the
parties. In such circumstances, he prayed that the FIR/complaint as
well as all consequential proceedings arising therefrom qua the present
petitioners be quashed and set aside. In support of his contentions, he
has relied upon the judgments of the Hon’ble Apex Court in the cases of
Gian Singh Vs. State of Punjab & Anr. , reported in (2012) 10 SCC
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R/SCR.A/9459/2019 JUDGMENT DATED: 04/11/2026
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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) as well as State of Haryana Vs.
Bhajanlal reported in AIR 1992 SC 604.
6. In response, respondent No.2/original complainant appearing in
person along with his counsel submitted that the matter has now been
amicably settled. In view thereof, she submitted that she has no
objections if the impugned FIR as well as all consequential proceedings
arising therefrom qua the present petitioners are quashed and set
aside. The copy of affidavit of the original complainant is also placed on
record.
7. Per contra, learned APP appearing for respondent No.1 – State
vehemently argued that serious allegations has been levelled against
the petitioners herein, as such contended that the captioned petition is
liable to be rejected.
8. Having considered the submissions of the learned counsels for
the parties and having gone through the records, it appears that
compliant being C.R.No.I-167/2019 was registered before Narol Police
station for the offences punishable under Sections 406, 420 & 114 of
IPC and criminal proceedings were initiated. However, now the matter
has been amicably settled. The original complaint/respondent No.2 has
placed the copy of his affidavit on record. Para Nos.1 & 2 of the said
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(GJHC240671572019)
affidavit reads thus:-
“1. I state that, I am authorized person of Nandan
Denim Ltd. and I have filed the F.I.R. being C.R.
No. 1-167 of 2017 registered on 14/09/2019
registered with Narol Police Station, Ahmedabad
for the alleged offences U/s. 406, 420, 114 of
Indian Penal Code, against all the present
petitioners of the captioned case.
2. I state that, because of the interference of the
mediators and well-wishers, the settlement took
place between the parties herein and the both
parties herein have amicably settled their disputes
as per the terms and condition of Settlement
Agreement Dt.11/02/2026, The petitioner herein
has paid total full and final amount of
Rs.37,00,000/-. Therefore, I undersigned have no
objection if the impugned FIR is quashed and set-
aside against the present Petitioners.
9. Thus, in view of the afore affidavits and also taking into
consideration the decisions rendered in the cases of Gian Singh
(supra), Madan Mohan Abbot (supra), Nikhil Merchant (supra),
Manoj Sharma (supra), Narinder Singh (supra) as well as
Bhajanlal (supra), I am of the view that continuing further with the
criminal proceedings in relation to the impugned FIR against the
petitioner would be an unnecessary harassment to the petitioner.
Further trial would be a futile exercise and continuing with the criminal
proceedings pursuant to the impugned FIR and the Criminal Case would
amount to abuse of process of law. Hence, to secure the ends of
justice, the impugned FIR as well as the proceedings of the Criminal
Case, and all other consequential proceedings arising therefrom are
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R/SCR.A/9459/2019 JUDGMENT DATED: 04/11/2026
(GJHC240671572019)
required to be quashed and set aside.
10. Thus, considering the overall submissions and the fact that the
parties have amicably settled the dispute, present petition stands
allowed. As such, the impugned complaint/FIR being C.R.No.I-167/2019
and subsequent criminal proceedings, as well as all consequential
proceedings arising therefrom qua the present petitioners is hereby
quashed and set aside.
11. Direct service is permitted. Rule is made absolute accordingly.
(MOOL CHAND TYAGI, J)
ARUN B
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