Bombay High Court
Shivajimaruti Karande And Anr vs The State Of Maharashtra And Ors on 16 February, 2021
Bench: S.S. Shinde, Manish Pitale
Digitally signed
Laxmikant by Laxmikant
G. Chandan
G. Date:
Chandan 2021.02.16
17:40:50 +0530 cri.wp-517.20&520.21.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.517 OF 2021
1] Shivaji Maruti Karande ]
Age 58 Yrs. Occ : Business ]
]
2] Rushikesh Sunil Karande, ]
Aged 23 Yrs. Occ : Business ]
]
3] Prathamesh Shivaji Karande ]
Age 24 Yrs. Occ : Business ]
]
4] Shailesh Sunil Karande, ]
Aged 23 Yrs. Occ : Business ]
]
5] Maruti Shripati Karande ]
Age 80 Yrs. Occ : Nil ]
]
6] Usha Shivaji Karande, ]
Aged 50 Yrs. Occ : Business ]
]
7] Sunil Maruti Karande, ]
Aged 49 Yrs. Occ. Husiness ]
]
All R/at Manohernager, Satyajkamal ]
Colony, Talegaon Dhabhade, ]
Tal. Maval. Dist. Pune. ]..... Petitioners.
Versus
1] The State of Maharashtra ]
(Through Police Inspector, ]
Talegaon Dhabhade Police Station, ]
Pune]. ]
]
2] Popat Vitthal Surve, ]
Aged 55 Yrs. Occ. Business, ]
R/o. Plot No.24, Manohar Nagar ]
Talegaon Dhabhade, Tal. Maval ]
Dist. Pune. ]
]
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3] Aditya Popat Surve, ]
Aged 27 Yrs. Occ. Service ]
R/at As above ]
]
4] Sujata Popat Surve ]
Aged 54 Yrs. Occ. Household ]
R/at As above. ]..... Respondents.
ALONG WITH
CRIMINAL WRIT PETITION NO.520 OF 2021
1] Aditya Popat Surve, ]
Aged 27 Yrs. Occ. Service ]
]
2] Popat Vitthal Surve, ]
Aged 54 Yrs. Occ. Business, ]
]
Both the Applicants R/at "Krushnai", Plot No.24, ]
Manoharnagar Talegaon Dabhade-Chakan Road ]
Talegaon Dabhade, Tal. Maval, District Pune ]
Pin-410507 ]..... Petitioners.
Versus
1] State of Maharashtra through ]
Sr. Inspector, Talegaon Dabhade Police Station ]
Tal. - Maval, District Pune ]
]
2] Sunil Maruti Karande ]
Age : 46 years, occ : Business ]
R/at : - Satyakamal Colony, Plot No.14 ]
Talegaon Dabhade Station, Tal. Maval, ]
District Pune, Pin - 410507 ]...... Respondents.
Mr. Vijay Killedar for the Petitioner in Writ Petition No.517 of 2021 and for
Respondent No.2 in WP No.520 of 2021.
Mr. Vasim Shaikh i/by Mr. Prashant More for the Petitioner in Cri. WP No.520
of 2021 and for Respondent Nos.2, 3 and 4 in WP No.517 of 2021.
Mrs. S D Shinde, APP for the Respondent/State.
CORAM : S. S. SHINDE,
MANISH PITALE, JJ
Reserved on : 11th FEBRUARY 2021
Pronounced on : 16th FEBRUARY 2021
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COMMON JUDGMENT : (PER S S SHINDE, J)
1 Rule in both the Criminal Writ Petitions. Rule made returnable
forthwith and heard with the consent of learned counsel appearing for the
parties.
2 Both the Writ Petitions arise from the counter cases filed by the
Petitioners in both the Petitions against each other. It appears that the said FIRs
lodged by the Petitioners against each other on account of business rivalry.
3 In so far as FIR No.576 of 2020 dated 03/11/2020 is concerned,
the same has been filed by Petitioner No.5 in Writ Petition No. 517 of 2021 viz.
Sunil Maruti Karande against the Petitioners in Writ Petition No.520 of 2021
with Talegaon Dabhade Police Station for the offences punishable under
Sections 326, 452, 338, 504, 506 r/w 34 of the Indian Penal Code.
4 In so far as FIR No.577 of 2020 dated 03/11/2020 is concerned,
the same has been filed Petitioner No.1 in Writ Petition No.520 of 2021 viz.
Aditya Popatrao Surve against the Petitioners in Writ Petition No.517 of 2021
with Talegaon Dabhade Police Station for the offences punishable under
Sections 326, 143, 144, 147, 149 and 506 of the Indian Penal Code.
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5 It is submitted that the both FIRs have been lodged by the
Petitioners in both the Petitions against each other and their family members.
The Petitioners in Writ Petition 517 of 2021 came to be arrested in connection
with Crime No.577 of 2020, and therefore, they approached this Court by way
of Bail Application Stamp No.4884 of 2020, which application came to be
allowed by this Court (Coram Smt. Bharati Dangre, J) by order dated
01/12/2020 on the conditions mentioned in the said order.
6 The Petitioners in Criminal Writ Petition No.520 of 2021 has filed
Anticipatory Bail Application Stamp No.4888 of 2020 on the apprehension of
their arrest in connection with FIR No.576 of 2020. By order dated
17/11/2020 this Court (Coram ; Milind N Jadhav, J) directed the police
authorities that in event of arrest of the applicants i.e. the Petitioners in Writ
Petition No.520 of 2021 in with connection FIR No.576 of 2020, they be
released on bail by executing PR bond in the sum of Rs.50,000/- each with one
or two solvent sureties in the like amount. Both the learned counsel appearing
for the respective parties in the said application viz. Mr. Vijay Killedar and Mr.
More jointly made a statement and this Court in paragraph 8 of the said order
dated 17/11/2020 recorded the said statement which is reproduced herein
under for ready reference :-
"Apart from this, both Mr. Vijay Killedar and Mr. More,
learned Advocates appearing for the warring parties
jointly submitted that both the parties have reconciled
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their differences and decided to compromise and settled
the matter."
7 It is submitted by the learned counsel appearing for both the
parties that the parties are residents of the same vicinity. It is also submitted
that as both the parties and their family members had to face tough situation
and lots of sufferance, it was decided inter-se between the parties to explore
the possibilities of settlement. It is also submitted that both the parties have
amicably resolved/settled the dispute and decided to seek quashing of both the
FIRs filed against each other. Both the parties have reduced the terms of the
settlement styled as Tadjodnama (Consent Terms/Ters of Settlement) on
16/11/2020, copy of which is annexed to both the Petition. The terms and
conditions of the said settlement are reproduced herein under for ready
reference:
"1 The parties herein agree and confirm that, party of
the first part and party of the second part shall withdraw
the cross complaints viz. FIR No.376/2020 and the FIR
No.377 lodged with Talegaon Police Station
unconditionally and in lieu of zero consideration.
2 The parties herein agreed and confirm that, based
on allegations as set out under FIR No.376/2020 and
the FIR No.377 none of the parties shall claim any
monetary damages and or alike claims against each
other.
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3 The parties further agreed and decided that, neither the
party of the first party or the party of the second part
and or his family members would socially defame each
other in the backdrop of eventualities occurred in the
light of untoward incident of 03.11.2020,
4 The parties agreed that, neither the party of the first part
nor the party of the second part shall do any kind of an
act incriminating each other or the family members in
any criminal or alike kind of an act.
5 The parties agreed that, neither the party of the first part
nor party of the second part and or his family members
raise any kind of business aggression against each other.
6 The parties confirm that, neither the party of the first
part nor the party of the second part and or his family
members shall keep any vendetta against each other
taking up the rack up disputable issues.
7 The parties herein record that, neither the party of the
first part nor the party of the second part and or his
family members would treat each other as rivals and
maintain the cordial terms forever."
8 The learned counsel appearing for both the parties jointly submit
that the parties have amicably settled their disputes and to that effect consent
terms/settlement terms have been arrived at between the both the parties and
to that effect individual affidavits of the accused and the informants have been
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filed before this Court. The gist of the said affidavits is that both the parties are
the neighbour, and after realizing that the crimes registered against each other
were due to misunderstanding, they have decided to resolve/settle the dispute
amicably and accordingly they have entered into the Consent Terms of
Settlement dated 16/11/2020. It is also stated in the said affidavits that the
disputes between the parties are comprehensively settled and they do not want
to proceed with the criminal cases lodged against each other. It is further
stated in the said affidavits that they voluntarily agreed with all the terms and
conditions of the consent terms and there is no coercion, undue influence or
force for arriving at the settlement.
9 In view of settlement arrived between the parties, no fruitful
purpose will be served by continuing the further investigation of FIRs being
Nos. 576 of 2020 and 577 of 2020 registered with Talegaon Dabhade Police
Station by the parties against each other. The injuries sustained by both the
sides are simple in nature and the ingredients of Section 326 of the Indian
Penal Code are not attracted.
10 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,
1 2012 (10) SCC 303
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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
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.
11 In the light of discussion in foregoing paragraphs, it is abundantly
clear that parties are not going to support the allegations made against each
other in both the FIRs and further continuation of investigation of the
impugned FIRs would tantamount to the abuse of the process of the
Law/Court. Since the first informants are not not going to support the
allegations in the FIR the chances of the conviction of the accused would be
remote and bleak.
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12 It is pertinent to note at this stage that though the parties have
resolved/settled their dispute between them and approached this Court for
quashing of the FIRs lodged against each other, the police machinery has been
used in the process of lodging the FIRs and investigating the crimes, and
therefore it would be appropriate to direct both the parties to deposit costs of
Rs.10,000/- (Rupees Ten Thousand only) each side to the Children's Aid
Society, Mumbai who in turn transfer the said costs to the New & Additional
Children's Home, Mankhurd, Mumbai.
13 In that view of the matter, Writ Petition No.517 of 2021 is allowed in
terms of prayer clause (b) and Criminal Writ Petition No.520 of 2021 is
allowed in terms of prayer clause (a) which read thus :-
Prayer clause (b) in Criminal Writ Petition No.517 of
(b) That this Hon'ble Court be pleased issue writ of
mandamus or writ, order or direction in the nature of
writ of mandamus and thereby be pleased to quash and
set aside Crime Register No.577 of 2020 registered at
Talegaon Dhabhade Police Station, Pune.
Prayer clauses (a) in Criminal Writ Petition No.520 of
(a) After going through the documents appended herewith
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and upon being heard the parties to the present Writ
Petition on merits, the Writ of Certiorari or any other
appropriate Writ in the nature of Certiorary under
Ar5ticle 226 of the Constitution of India, may kindly
ordered to be issued and by setting out the inherent
powers as conferred under Sec.482 of the Cr.PC., the FIR
576 of 2020 lodged by the Respondent No.2 with
Talegaon Dabhade Police Station may kindly be ordered
to be quashed.
14 The Petitioners in both the Criminal Writ Petitions to deposit costs
of Rs.10,000/- (Rupees Ten Thousand only) each side in the Bank of Children's
Aid Society, Mumbai details of which are as under:-
Name of Bank of Account : Children Aid Soc Donation
Bank Account No. :02370100005612
Bank Name : UCO Bank
Branch : Matunga Mumbai
IFS Code : UCBA0000237
On the costs being deposited by the Petitioners in both the
Petitions in the aforesaid Bank Account, the Children Aid Society, Mumbai shall
immediately transfer the said amount of costs to the New and Additional
Children's Home, Mankhurd, Mumbai. Payent of aforesaid costs is a condition
precedence.\
15 Rule in the both the Criminal Writ Petitions is made absolute to
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the above extent and both the Criminal Writ Petition stands disposed of
accordingly.
16 It is made clear that the effect of this order will come into force
after depositing the costs as afore-stated by the Petitioners to the Children Aid
Society Mumbai.
[MANISH PITALE, J] [S. S. SHINDE , J]
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