Gujarat High Court

CR.MA/18782/2026 of RAMESH CHANDRABHUSAN CHAUBE PROPRIETOR AND AUTHORIZED SIGNATORY OF SHIV TEXTILE Vs STATE OF GUJARAT on 21 August 2026

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21/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL MISC.APPLICATION (FOR CONSENT QUASHING) NO. 18782 of 2026 ========================================================== RAMESH CHANDRABHUSAN CHAUBE PROPRIETOR AND AUTHORIZED SIGNATORY OF SHIV TEXTILE Versus STATE OF GUJARAT &

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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

18782 of 2026

==========================================================

RAMESH CHANDRABHUSAN CHAUBE PROPRIETOR AND AUTHORIZED

SIGNATORY OF SHIV TEXTILE

Versus

STATE OF GUJARAT & ANR.

==========================================================

Appearance:

MR DHRUV K DAVE(6928) for the Applicant(s) No. 1

YUVRAJ BHRAMHBHATT APP for the Respondent(s) No. 1

==========================================================

CORAM:HONOURABLE MR.JUSTICE P. M. RAVAL

Date : 21/08/2026

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ORAL ORDER

1. Leave to amend. Draft Amendment is allowed. Amendment to be carried out forthwith.

2. Learned advocate Mr. S. S. Vayeda states that he has instructions to appear on behalf of the respondent No. 2 herein – original complainant and shall &le his Vakalatnama before the Registry. Registry to accept his Vakalatnama.

3. 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.

4. 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 applicant and original complainant has been resolved amicably, this application is taken up for &nal disposal today as alleged o,ence is compoundable.

5. By this application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”), the applicant has prayed for quashing and setting aside the judgment and order dated 08.04.2024 passed in Criminal Case No. 110860 of 2021 by the Learned 16th Additional Chief Judicial Magistrate, Surat and Judgment dated 01.01.2026 passed in Criminal Appeal No. 438/2024 by the learned 6th Additional Sessions Judge, Surat. Aggrieved thereby, this application is &led.

6. Learned advocate for the applicant 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.

7. Learned advocate for original complainant has reiterated the contentions raised by the learned advocate for the applicant. Original complainant appeared before the Court online and is identi&ed by the learned advocate for the original complainant. The complainant a?rms the factum of settlement. He has also &led an a?davit, which is taken on record, stating therein that he has no objection if the judgment and orders impugned in this application are quashed and set aside. He also states that he has &led the a?davit without any coercion, threat or undue in@uence, on his own volition. Therefore, now the grievance stands redressed. It is, therefore, submitted that the present application may be allowed.

8. 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.

9. Considering the fact that the dispute is settled between the parties and said fact has been con&rmed by the complainant, as the o,ence is compoundable one at any stage under Section 147 of the NI Act.

10. Resultantly, this application is allowed. The judgment and orders impugned in this application, referred to herein above, are hereby quashed and set aside. The applicant is acquitted of the present charge.

11. The applicant is reported to be in jail. Accordingly, the applicant is directed to be released from jail forthwith, if he is not required in any other case.

12. Rule is made absolute to the aforesaid extent. Direct service is permitted. (P. M. RAVAL, J) MAHENDRA M PUROHIT

Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: MAHENDRA MOHANBHAI PUROHIT(HCD0074), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 21/08/2026 17:24:10

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