Rajiv Chandulal Darji vs The State Of Maharashtra And Ors
2021 Latest Caselaw 4264 Bom

            Digitally signed
Laxmikant   by Laxmikant G.
            Chandan
G.          Date:
Chandan     2021.03.10
            10:39:53 +0530                                                (31) cri.wp-5956.19.odt

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                  CRIMINAL WRIT PETITION NO.5956 OF 2019

              Rajiv Chandulal Darji                               ]
              Age 39 years, Occupation Business,                  ]
              Residing at : 402, Ruby Crescent,                   ]
              Business Boulevard,                                 ]
              Ashok Chakravarty Road, Ashok Nagar                 ]
              Kandivali (East), Mumbai - 400 101                  ]..... Petitioner.

                               Versus

              1]       The State of Maharashtra                   ]
                       Through Charkop Police Station,            ]
                       at Mumbai, Mumbai.                         ]
                                                                  ]
              2]       Amul Navnitlal Raval                       ]
                       Age 53 years, Occupation Doctor            ]
                                                                  ]
              3]       Smita Amul Raval                           ]
                       Age 53 years, Occupation Doctor            ]
                                                                  ]
                       Both Residing at : 301 Shivneri Cooperative]
                       Housing Society, Plot No.252, Sector 5     ]
                       Charkop, Kandivali (East), Mumbai          ]..... Respondents.

Mr. Anilkumar K Patil for the Petitioner.

Mrs. M H Mhatre, APP for the Respondent No.1/State. Mr. Adesh Agarkar a/w Mr. Swapnil Chopde and Mr. Ashish Agarkar i/by White & Brief Advocates & Solicitors for Respondent No.2.

                                          CORAM :     S. S. SHINDE,
                                                      MANISH PITALE, JJ
                                          DATE    :   09th MARCH 2021


              JUDGMENT : (PER S S SHINDE, J.)

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

of learned counsel appearing for the parties.

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2            The learned counsel appearing for the Petitioner and Respondent

No.2 submits that the parties have amicably settled the disputes. It is also

submitted that the Consent Terms have arrived at between the parties. The said

Consent Terms are placed on record in Commercial Suit No.384 of 2016 before

this Court. It is submitted that on the basis of said Consent Terms all the Civil

disputes between the parties have been dissolved.

3 The 2nd Respondent has filed the affidavit dated 07.01.2020, which

is already taken on record. The 2 nd Respondent in Paragraphs 1 to 5 of the said

affidavit has stated thus :-

"1 I say that I had lodged a complaint against the present Petitioner Mr. Rajiv Darji bearing C.R. No.9 of 2016 on 07.01.2016 against Vinod Bhatia, Bharat Bhushan and the present Petitioner Mr. Rajiv Darji with Charpok Police Station at Mumbai for offences under Section 406 and 34 of the Indian Penal Code, 1860.

2 I say that charge sheet came to be filed in the aforesaid complaint on 08-10-2019 having Criminalo Case NO.273/PW/2018 in the Ld. Additional Chief Metropolitan Magistrate, 24th Court,l Borivali, Mumbai.

3 I say that thereafter the present Petitioner that is Mr. Rajiv Darji and I had mutually agreed to settle all the pending disputes (Criminal and Civil) and in lieu of the same, consent terms between me and the Petitioner Mr. Rajiv Darji came to be filed in Commercial Suit No.384 of 2016 on 09.12.20216.

4 I say I have no objection with regards to the prayers of the present petition and that the Hon'ble Court may

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quash and set aside the charge sheet dated 08.10.2019 in Criminal Case No.273/PW/2018 arising out of C. R. No.9 of 2016 with respect to the present Petitioner Mr. Rajiv Darji.

5 I say that the present Affidavit is given by me voluntarily and I have read the cotents of the ame before signing the same and the same is prepared as per my instructions.

4 The 2nd Respondent is present before this Court. He stated that it

is his voluntary act to enter into such amicable settlement and he has no

objection in allowing this Writ Petition.

5 In view of settlement arrived at between the parties, no fruitful

purpose will be served in continuing the further proceedings in Criminal Case

No.573/PW of 2018 pending before the learned Additional Chief Metropolitan

Magistrate 24th Court, Borivali Mumbai, arising out of C. R. No.09 of 2016

dated 07th January 2016 registered with Charkop Police Station, Mumbai, at

the instance of the Respondent No.2 for the alleged offences under Section

406, 420 read with Section 34 of Indian Penal Code.

6 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.

7 In the light of discussion in foregoing paragraphs, it is abundantly

clear that Respondent No.2 is not going to support the allegations made

against the Petitioner in the impugned FIR, and further continuation of

proceedings in Criminal Case No.573/PW of 2018 pending before the learned

Additional Chief Metropolitan Magistrate 24 th Court, Borivali Mumbai, arising

out of C. R. No.09 of 2016 would tantamount to the abuse of the process of the

Law/Court. Since the first informant i.e. the 2 nd Respondent is not going to

support the allegations in the FIR, the chances of conviction of the accused

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would be remote and bleak.

8 It is pertinent to note at this stage that though the parties have

resolved/settled their disputes between them and approached this Court for

quashing of the charge sheet dated 08 th October 2019 in Criminal Case

No.573/PW of 2018 pending before the learned Additional Chief Metropolitan

Magistrate 24th Court, Borivali Mumbai, arising out of C. R. No.09 of 2016

dated 07th January 2016 registered with Charkop Police Station, Mumbai at the

instance of the Respondent No.2 for the alleged offences under Section 406,

420 read with Section 34 of Indian Penal Code, we deem it appropriate to

impose costs of Rs.25,000/- (Rupees Twenty Five Thousand only) on the

Petitioner. Accordingly we direct the Petitioner to deposit Rs.25,000/- (Rupees

Twenty Five Thousand only) within two weeks from today with the Children's

Aid Society, Mumbai, who in turn transfer the said costs for betterment of the

children to the New & Additional Children's Home, Mankhurd, Mumbai.

9 For the reasons stated herein above, the Criminal Writ Petition is

allowed in terms of prayer clause (B) subject to depositing Rs.25,000/-

(Rupees Twenty Five Thousand only) by the Petitioner within two weeks from

today, which read thus :-

(B) That this Hon'ble Court may be pleased to issue Writ of certiorari or any other Writ in nature of Certiorari or any

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other appropriate Writ and thereby quashing and setting aside the impugned Charge sheet dated 08 th October 2019 in Criminal Case No.573/PW of 2018 pending before the learned Additional Chief Metropolitan Magistrate 24th Court, Borivali Mumbai, with respect to C. R. No.09 of 2016 dated 07 th January 2016 registered with Charkop Police Station, Mumbai, at the instance of the Respondent No.2 for the alleged offences under Section 406, 420 read with Section 34 of Indian Penal Code."

10 As directed herein above, within two weeks from today, the

Petitioner shall deposit Rs.25,000/- (Rupees Twenty Five Thousand only) 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

11 On deposit of costs of Rs.25,000/- (Rupees Twenty Five Thousand

only) by the Petitioner in the aforesaid bank account, the Children Aid Society,

Mumbai shall immediately transfer the said amount of costs for betterment of

the children to the New and Additional Children's Home, Mankhurd, Mumbai.

Payment of aforesaid costs is a condition precedence for allowing this Criminal

Writ Petition and this order will take effect after depositing the costs amount

by the Petitioner.

12           Rule is made absolute to the above extent and the Criminal Writ

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Petition stands disposed of accordingly. List the Petition under caption "For

Compliance" for deposit of costs on 30/03/2021.

[MANISH PITALE, J]                                    [S. S. SHINDE , J]




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