Jenish Bharatkumar Joshi vs The State Of Maharashtra And Anr
2021 Latest Caselaw 11026 Bom

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LAXMIKANT   by LAXMIKANT
            GOPAL
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CHANDAN     Date: 2021.08.17                                                  (8) cri.wp-5375.19.odt
            11:12:37 +0530




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL WRIT PETITION NO.5375 OF 2019

              Mr. Jenish Bharatkumar Doshi                           ]
              Aged 29 years,                                         ]
              Residing at 501, Gokul Apartment                       ]
              Anand Nagar, Dahisar (E),                              ]
              Mumbai - 400068                                        ]..... Petitioner.

                               versus

              1]      The State of Maharashtra                    ]
                      (At the instance of Andheri Police Station) ]
                                                                  ]
              2]      Mr. Vikram Motiram Brahmane                 ]
                      Age 47,                                     ]
                      Room No.F/12, Trnsit Camp                   ]
                      Kokarcagar, 19 Foot Road,                   ]
                      Wadala, Mumbai                              ]..... Respondents.

Mr. Bhavesh M Thakur for the Petitioner.

Mr. J P Yagnik, APPP for the Respondent No.1/State. Mr. Kukund Pandya for the Respondent No.2.

Respondent No.2 present.

                                           CORAM :      S. S. SHINDE,
                                                        N. J. JAMADAR, JJ

                                           DATE     :   13th August 2021

              ORAL JUDGMENT (PER S.S. SHINDE, J
              1                At the outset the learned counsel appearing for the Petitioner seeks

leave to amend. Leave granted. Amendment to be carried out forthwith.

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2             Rule. Rule made returnable forthwith and heard with the consent

of learned counsel appearing for the parties.

3 This Petition is filed for the following substantial relief :-

(b) That C.C. No.1347/PS/2019 presently pending before Ld. Metropolitan Magistrate 65th Court at Andheri, Mumbai arising out of C.R. No.98 of 2018 registered by Andheri Police Station for the commission of offence under Section 279, and 338 of the Indian Penal Code may be quashed and set aside.

4 The learned counsel appearing for the Petitioner and the 2 nd

Respondent jointly submit that the parties have amicably settled the dispute.

5 The 2nd Respondent has filed the affidavit. Paragraphs 1 to 5 of the

said affidavit are reproduced herein under for ready reference.

"1 I say that I am original complainant in C. R. No.98 of 2018 registered with the Andheri Police Station under Sections 279, 338 of the Indian Penal Code. I say that the said crime was registered pursuant to my complaint. After completion of investigation the investigating officer has filed chargesheet and it is registered as C.C.No.1347/PS/2019 before Ld. Metropolitan Magistrate, 65 Court, Mumbai.

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2 I say that registration of the aforesaid offence was outcome of misunderstanding in respect of Traffic signal as in hurry to cross the road, I didn't realize the signal and while corss the road and due to which accident took place. I say that Petitioner immediately took me to my house and from there, I went to Sion Hospital where I was admitted for 15-20 days.

      3       I say and submit that I have no complaint against the

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Petitioner as he has agreed to compensate me for Rs.60,000/- which takes care of my medical expenditure. I say and submit that Petitioner has already paid amount of Rs.30,000/- via NEFT on 16.07.2021 and balance Rs.30,000/- will paid by an Pay Order dated 13.08.2021 drawn on HDFC Bank which will be handed over at the time of hearing before this Hon'ble Court. I say and submit that considering my physical condition and also most of time I reside at my native place and therefore it is more difficult for me to attend the Ld. Trial Court during Trial.

4 In view of the aforesaid facts and circumstances, I am no more interested in pursuing the in FIR No.98 of 2018 and Proceedings arising out of said FIR beasring CC No.1347/PS/2019 pending at the file of Ld. Metropolitan Magistrate, 65th Court, Andheri, Mumbai. Hence I am filing the present Affidavit at my own free will. I say that no one including the Petitioner abovenamed has influenced me by any pressure, threat, duress and/or conspiracy so as to compel me to file the present Affidavit.

5 I respectfully submit that I have no objection to quas the proceedings bearing No.CC No.1347/PS/2019 pending at the file of Ld. Metropolitan Magistrate, 65 th Court, Andheri, Mumbai be taken on record and the aforesaid crime be quashed."

6 The Petitioner and the 2nd Respondent are present before this

Court. The parties are identified by their respective advocates. We have

interacted with the 2nd Respondent. During interaction the 2 nd Respondent has

stated that it is his voluntary act without coercion to arrive at amicable

settlement and file the affidavit before this Court and join the prayer of the

Petitioner for quashing the impugned FIR/Chargesheet. Upon perusal of the

averments of the affidavit filed by the Respondent No.2, it is evident that, the

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2nd Respondent has arrived at amicable settlement with the Petitioner.

7 Since the Petitioner and the 2nd Respondent have amicably settled

the dispute, no fruitful purpose would be served by continuing the further

proceedings in CC No.1347/PS/2019 arising out of CR No.98 of 2018 pending

before the learned Magistrate, 65th Court at Andheri, Mumbai.

8 In view of the averments in the affidavit filed by the 2 nd

Respondent, it is crystal clear that the 2nd Respondent is not going to support

the allegations in the FIR and the chances of conviction of the Petitioner would

be bleak and remote.

9 The Supreme Court in the case of Giansingh v. State of Punjab

and Another1 has held that, the criminal cases having overwhelmingly and

predominatingly civil flavour stand on a different footing for the purposes of

quashing, particularly the offences arising from commercial, financial,

mercantile, civil, partnership or such like transactions or the offence arising out

of matrimony relating to dowry, etc. or the family disputes where the wrong is

basically private or personal in nature and the parties have resolves their entire

dispute. In this category of cases, the High Court may quash the criminal

proceedings if in its view, because of the compromise between the offender and

the victim, the possibility of conviction is remote and bleak and continuation of 1 2012 (10) SCC 303

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the criminal case would put the accused to great oppression and prejudice and

extreme injustice would be caused to him by not quashing the criminal case

despite full and complete settlement and compromise with the victim. It is

further held that, as inherent power is of wide plenitude with no statutory

limitation but it has to be exercised in accord with the guideline engrafted in

such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the

process of any court.

10 Mr. Bhavesh Thakur, the learned counsel appearing for the

Petitioner, on instructions of the Petitioner graciously submits that, the

Petitioner will pay Rs.50,000/- to the 2nd Respondent in addition to the amount

already paid to him and the Petitioner will also deposit an amount of

Rs.15,000/- in the below mentioned account of the Bar Council of Maharashtra

and Goa Covid-19 within a period of three weeks from today.

Bank Name          :      Bank of India

Branch Name        :      Main Branch, Fort, Mumbai

A/c. Name          :      "Bar Council of Maharashtra and Goa Covid-19"

A/c. No.           :      000110110013597

IFSC Code          :      BKID0000001



11           In the light of the discussions in foregoing paragraphs and keeping


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in view of the observations made by the Supreme Court in Giansingh's case

(supra), and in order to secure ends of justice and to prevent the abuse of

process of law/court, the Writ Petition deserves to be allowed.

12 The Criminal Writ Petition is allowed in terms prayer clause (b)

subject to payment of Rs.50,000/- by the Petitioner to the 2 nd Respondent by

way of Pay Order/Demand Draft, and subject to deposit of Rs.15,000/- by the

Petitioner in the aforesaid account of the Bar Council of Maharashtra and Goa

Covid-19 within a period of three weeks from today.

Rule is made absolute in the above terms. The Writ Petition is

disposed of accordingly.

13 List the Writ Petition under the caption "For Compliance" on 21 st

September 2021.

14 All concerned parties to act upon an ordinary copy of this order

duly authenticated by the Court Sheristedar.

[N. J. JAMADAR, J]                                       [S. S. SHINDE , J]




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