Bombay High Court
Sunil Nenaram Choudhari vs The State Of Maharashtra And Anr on 10 February, 2021
Bench: S.S. Shinde, Manish Pitale
1/4 Judgment APL-1611-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1611 OF 2019
Sunil Nenaram Choudhari ]
Age : 38 years, ]
Occ : Business, ]
R/o-601, Purshottam Nayan, ]
G.B.Road, Behind D-Mart, ]
Kasarwadvali, Thane ] .. Applicant
VERSUS
1. The State of Maharashtra ]
]
2. Abhyudai Bachhanand Tiwari ]
Age-Adult, Occu-Service, ]
R/o-Rambali Chawal, Nityanand Nagar, ]
Waman Master Wadi, Near Saibaba ]
Mandir, Ghatkopar (W), Mumbai-86 ]
Presently working as Asst. Manager, ]
Axis Bank, Br.Airoli, Dist-Thane ] .. Respondents
Mr.Anand S. Patil for the Applicant.
Mr.Chetan C. Agrawal with Ms.Nikita Kaur for
Respondent No2.
Respondent No.2 in person present.
Mr.S.R.Shinde, APP for the Respondent
No.1/State.
CORAM : S.S.SHINDE &
MANISH PITALE, JJ.
DATED : 10TH FEBRUARY, 2021
M.M.Salgaonkar
2/4 Judgment APL-1611-19.doc
ORAL JUDGMENT (PER S.S.SHINDE, J.)
1. Rule. Rule made returnable forthwith. With the consent of
learned counsel appearing for the parties, heard finally.
2. Pursuant to the notices issued to the respondent, respondent
No.2 has filed an affidavit stating therein that applicant has
deposited Rs.11,00,000/- towards full and final settlement of the
subject loan and, therefore, respondent No.2 does not wish to
pursue the allegations in the impugned FIR qua the present
applicant.
3. Since there is amicable settlement and respondent No.2 has
filed the affidavit and the entire controversy arose due to non refund
of the loan by the applicant and now the entire loan amount has
been deposited by the applicant in Axis Bank, no fruitful purpose
will be served by continuing the further investigation qua the
present applicant.
4. Respondent No.2, in his affidavit, in paras 3 to 6 has stated as
under :
"3. I state that Applicant/Accused has settled the subject Loan
Account with the Axis Bank and paid Rs.11 Lakhs towards full
and final settlement of the subject Loan Account. The copy of
the settlement letter issued by the Axis Bank is marked as
"Exhibit A" to the present Affidavit.
4. I state that the Complainant Bank has no claim or
grievances against the present Applicant/Accused and
therefore has no objection to quash the subject FIR against the
present applicant only since the Account is settled and the
Bank has received its payment.
M.M.Salgaonkar
3/4 Judgment APL-1611-19.doc
5. I state that I am filing the present Affidavit on behalf of
Bank since the complainant Mr.Abhudhay Bachanand Tiwari
who lodged the FIR on behalf of Bank has resigned from the
post and at present working with the Bank on notice period.
6. I state that the Applicant Bank has no objection if this
Hon'ble Court is pleased to quash the FIR against the present
Applicant/Accused only.
5. The Supreme Court in the case of Gian Singh 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 offences 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
resolved 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 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 has also held that 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.
1 2012 (10) SCC 303
M.M.Salgaonkar
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6. Since the applicant and respondent No.2 have amicably
settled the dispute and the entire loan amount has been refunded by
the applicant, in order to secure the ends of justice and to prevent
the abuse of the process of the Court, the application deserves to be
allowed. Accordingly the Criminal Application is allowed in terms of
prayer clause (b), which reads as under :-
"b) This Hon'ble Court may be pleased to call for the record &
proceedings of CR No.347/2019 registered with Panvel City
Police Station, Dist-Raigad for the offences allegedly
committed U/s.409, 420, 465, 467, 468, 471 R/w 34 of
Indian Penal Code & after perusing the same, this Hon'ble
Court may be pleased to quash & set aside the same only with
concerned with the present applicant on such terms &
conditions as this Hon'ble Court may deem fit & proper as
both the parties have come at amicable settlement."
7. Rule is made absolute in above terms. The Criminal
Application stands disposed of.
8. We make it clear that the investigation can proceed with the
other co-accused.
(MANISH PITALE, J.) (S.S.SHINDE, J.)
M.M.Salgaonkar
