Bombay High Court
Mandar Babu Shetty vs State Of Maharahtra And Ors on 16 August, 2017
Bench: R.M. Savant
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.3383 OF 2016
Mandar Babu Shetty ...Petitioner.
V/s.
State of Maharashtra & Ors. ...Respondents.
Mr. M.S.Singh, Advocate for Petitioner.
Mr. K.V.Saste, APP for State.
WITH
CRIMINAL APPLICATION NO.819 OF 2017
Rakesh Shiva Shetty & Ors. ....Applicants
V/s.
Mandar Shetty & Anr. ....Respondents
Mr. S.V.Marwadi with Ms. Saroj N. Jadhav, Advocates for Applicants.
Mr. K.V.Saste,APP for the Respondent-State.
Mr. M.S.Singh,Advocate for Respondent No.1.
******
CORAM :- R.M. SAVANT &
SANDEEP K. SHINDE, JJ.
DATE :- 16TH AUGUST, 2017.
P.C. :-
The above petition has been filed by the complainant
against the original accused nos.1 to 3. The above criminal
application has been filed by the original accused nos. 1 to 3
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wherein the complainant is the respondent no.1. The FIR is arising
out of a commercial dispute between the first informant and the
accused. The parties have arrived at settlement which they have
reduced into writing by way of 'Consent Terms' bearing today's date
i.e, 16.8.2017. The 'Consent Terms' have been executed before the
Notary Public Mrs. Aliya N. Pathan, Notary, Greater Mumbai,
Government of India bearing Notarial Register No.26187 dated
16.8.2017. In the context of the reliefs sought in the above petition,
i.e., in respect of quashing of the proceedings in the Sessions Case
bearing No.958 of 2015, clauses 1 and 5 are material which are re-
produced hereunder:
"1 The PARTY OF THE SECOND PART has no objection
for quashing of the proceedings viz Sessions Case No.958
of 2015 pending before the Hon'ble Sessions Court at
Bombay arising out of FIR No.401 of 2014 registered with
Nagpada Police Station.
5 The PARTY OF THE SECOND PART has no grievance
against the PARTIES OF FIRST PART and hence does not
wish to proceed against the PARTIES OF THE FIRST PART."
The said 'Consent Terms' also contain arrangements in respect of
muddemal properties which are not necessary to be adverted to in
the instant order.
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2 The respondent no.1, i.e., the complainant Mandar
Babu Shetty has filed affidavit-in-reply in the above Criminal
Application No.819 of 2017. The said affidavit-in-reply bears today's
date i.e., 16.8.2017 and is also affirmed before the same Notary
Public, i.e, Mrs. Aliya N. Pathan. It bears Notarial Register No.26186
dated 16.8.2017. The factum of the applicant no.1 Rakesh Shiva
Shetty having paid a sum of Rs.50 Lakhs to the complainant is
accepted vide clause (2). Vide clause (3), return of Skoda Laura
automatic car bearing No.MH-04-EQ-6789 is mentioned. In
paragraph 7, it has been mentioned that the factum of filing of the
above Writ Petition by the complainant for quashing of the
proceedings is evidence of the amicable settlement arrived at
between the parties and on the said basis, quashing of the
proceedings pending before the Sessions Court at Bombay bearing
Sessions Case No.958 of 2015 is sought. Hence, the 'Consent Terms'
and the affidavit-in-reply filed by the respondent no.1 ex-facie
discloses the settlement arrived at between the parties, i.e., the
complainant and the accused who are the applicants in the above
criminal application.
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3 The complainant Mandar Babu Shetty is personally
present in the Court. He has been identified by the learned counsel
Mr. Mithilesh S. Singh. He has also been identified by his PAN Card
No.BIVPS4585A. When put in the box and querried, he states that
'Consent Terms' are acceptable to him and he has signed them of his
own free will and volition. He also reiterates the same in respect of
the affidavit-in-reply which he has filed in the above Criminal
Application.
4 Applicant No.2-Sunil Bhanushali is personally present in
the Court. He has been identified by the learned counsel, Ms. Saroj
Jadhav. He has also been identified by his PAN Card bearing
no.AUAPB34690. When put in the box and querried, he states that
he has been explained the 'Consent Terms' by the advocate on record
and he has understood the same. He also accepts the fact that an
amount of Rs.50 Lakhs is paid to the first informant as and by way
of full and final settlement. He further states that he and the other
applicants have signed the 'Consent Terms' of their own free will and
volition, as an outcome of the settlement between the parties. The
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'Consent Terms' are taken on record and marked as X for
Identification. In respect of clause (4) of the 'Consent Terms', the
parties may make an appropriate application before the concerned
Court. The concerned Court would pass an appropriate order having
regard to the 'Consent Terms' arrived at between the parties.
5 In terms of the law laid down by the Apex Court in the
case of Narinder Singh v. State of Punjab reported in (2014) 6 SCC
466, there is no impediment in quashing the proceedings though the
offences alleged are non-compoundable. Dictum of the Supreme
Court in Gian Singh v. State of Punjab reported in (2012) 10 SCC
303 would also lead to the same conclusion. No useful purpose
would therefore be served in keeping the proceedings pending.
Hence, the above criminal writ petition is allowed and made
absolute in terms of prayer clause (a). In view of the fact that by the
relief granted in the above writ petition, the proceeding in question
has been quashed, there is no warrant to pass a separate order in
the above Criminal Application for quashing the same proceeding
i.e. Sessions Case No.958 of 2015.
6 In view of the fact that machinery of this Court has
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been used for settlement of private disputes between the parties, it
would be just and proper to direct the applicants in the criminal
application no.819 of 2017 to pay cost of Rs.10,000/- to the Kirtikar
Law Librarary, High Court, Bombay. Same to be done within a
period of four weeks from the date.
(SANDEEP K. SHINDE, J) (R.M. SAVANT, J)
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