Gunjan Anil Shah And Ors vs The State Of Maharashtra And Anr
2021 Latest Caselaw 9349 Bom

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL WRIT PETITION NO. 1181 OF 2021

Mr. Gunjan Anil Shah & Ors.                                    ...Petitioners

         Versus

The State of Maharashtra & Anr.                                ...Respondents
                               ...
Mr. Pranav Bodheka i/by. P.S. Chamber for Petitioners.
Mr. S.R. Shinde APP for State.
Ms. Isha Parekh Respondent No. 2 present through                                            video
conferencing- in-person.
                               ...

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

DATE : 16th JULY, 2021.

ORAL JUDGMENT [PER S.S. SHINDE, J.]:

1. Rule. Rule made returnable forthwith and heard with the

consent of learned counsel appearing for the parties.

2. This petition takes an exception to the FIR No. 257 of

2019 dated 5th November 2019 registered with Sion Police Station,

Mumbai for the offences punishable under Sections 498-A, 406,

420, 323, 504, 506 read with 34 of the Indian Penal Code, 1860.

3. Learned counsel appearing for the petitioners and

Respondent No. 2, who appears in-person, jointly submit that the

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petitioners and Respondent No. 2 have amicably settled the dispute

and to that effect consent terms have been filed before the Family

Court, Bandra. The Respondent No. 2 has also filed affidavit before

this Court.

4. Respondent No. 2 stated before us that it is her

voluntary act to enter into the settlement and give consent for

quashing the impugned FIR. The 2nd respondent further stated that

as agreed between the parties Rs. 15,00,000/- (Rupees Fifteen

Lakhs only) have been deposited in the Registry of Family Court,

Bandra.

5. Since the parties have amicably settled the dispute and

they have filed the consent terms before the Family Court, Bandra

and further the 2nd respondent has filed affidavit before this Court

stating therein that the petitioners and herself have amicably

settled the dispute and therefore she has no objection for quashing

the impugned FIR, no fruitful purpose would be served by

continuing the further investigation of FIR No. 257 of 2019 dated

5th November 2019 registered with Sion Police Station, Mumbai for

the offences punishable under Sections 498-A, 406, 420, 323, 504,

506 read with 34 of the Indian Penal Code, 1860.

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6. The Respondent No. 2 has filed the affidavit before this

Court. Paragraphs 2 to 4 of the said affidavit read as under:-

2. I say that I have amicably settled

i.e. my husband and his relatives i.e. Petitioner Nos. 2 to 7 in the above mentioned matter and that there are no issues pending between the parties in terms of the consent terms dated 16/02/2021 filed before the Hon'ble Family Court, Mumbai in Petition No. 102558 of 2019. A copy of the said consent terms has been annexed to this Writ Petition.

3. In view of the aforesaid consent terms, I withdraw the allegations made by me in my complaint and FIR and I no longer wish to prosecute the FIR and I have no objection if the FIR is quashed and the present Writ Petition is allowed.

4. I hereby give my free, willful and irrevocable consent to quash the present FIR.

7. 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 1 2012 (10) SCC 303

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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 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.

8. In the light of discussion in foregoing paragraphs, in

order to secure the ends of justice and prevent the abuse of the

process of the law/Court, the petition deserves to be allowed.

Accordingly, the writ petition is allowed in terms of prayer clause

(a), which reads thus:-

a) This Hon'ble Court be pleased to quash the FIR No. 257 of 2019 dated 5th November 2019 registered by the Sion Police Station, Mumbai for offences punishable under Sections 498-A, 406, 420, 323, 504, 506 r/w 34 of the Indian Penal Code, 1860;

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9. Rule made absolute to above extent. The writ petition

stands disposed of.

10. We impress upon the concerned presiding Judicial

Officer, Family Court, Bandra, to hear expeditiously the pending

proceeding between the parties and take it to the logical end at the

earliest.

11. Parties to the said proceedings shall extend full co-

operation to the Family Court, Bandra for early disposal. The

parties shall punctually attend on the dates fixed by the Family

Court, Bandra.

12. All parties to act upon an authenticated copy of this

order.

     ( N. J. JAMADAR, J.)                            (S. S. SHINDE, J.)




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