Bombay High Court
Kanhayalal T. Parmar vs The State Of Maharashtra And Ors on 10 March, 2021
Bench: S.S. Shinde, Manish Pitale
1/11 122 Cri-WP-251.19 & 890.21 (01-03-21) J.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.251 OF 2019
1. Kanhayalal T. Parmar, ]
Occ: Businss Proprietor M/s. K. ]
Trambaklal, having address at 3/62, ]
Patel Park, Ranjit Sagar Road, Jamnagar ]
- 361 005, Gujarat. ]
2. Ashok Keshavlal Kesharia, ]
R/at, 8, Golden Arrow, 163/F, Hem ]
Colony, S.V. Road, Vile Parle (W), ]
Mumbai - 400 056. ]
3. Harish Keshavlal Kesharia, ]
R/at 1st Floor, 50, Bajaj Road, Vile ]
Parle (W), Mumbai - 400 056. ]
4. Yash Kesharia ]
st
R/at 1 Floor, 50, Bajaj Road, Vile ]
Parle (W), Mumbai - 400 056. ]
5. Prashant Laxmichand Chheda, ]
At Chandrakant & Co., B/105, Shivaji ]
Nagar Co-op. Society, Opp. Sion ]
Hospital, Bahudaji Rod, Sion, Mumbai. ]
6. Jayank Chandrakant Thakkar, ]
At Chandrakant & Co., B/105, Shivaji ]
Nagar Co-op. Society, Opp. Sion ]
Hospital, Bahudaji Rod, Sion, Mumbai. ] ... Petitioners
AJN
::: Uploaded on - 10/03/2021 ::: Downloaded on - 10/03/2021 23:45:31 :::
2/11 122 Cri-WP-251.19 & 890.21 (01-03-21) J.odt
Versus
1. The State of Maharashtra ]
Through to be served Public ]
Prosecutor, High Court (A.S.), ]
Mumbai. ]
2. Jagdish Kumar Ramnivas Sarda, ]
Occ.: Business, having address at Villa ]
35, Pearl Court, Attapur, Hyderguda, ]
Rajendranagar Manda, R.R. District, ]
State Telangana, Hyderabad. ]
3. M/s. Sarda Agro Oil Ltd., ]
a Company under the Companies Act, ]
having address at Villa 35, Pearl Court, ]
Attapur, Hyderguda, Rajendranagar ]
Manda, R.R. District, State Telangana, ]
Hyderabad. ]
4. Dhaval Harish Kesharia, ]
st
R/at, 1 Floor, 50, Bajaj Road, Vile ]
Parle (West), Mumbai - 400 056. ]
5. Rajendra Vrajlal Anandkat, ]
Occ. Business, having address at, Avni ]
Apartment, Saru Section Road, ]
Jamnagar - 361 002, Gujarat. ]
6. Suvendhu Rath, ]
Occ. Business, having address at, ]
Anrus Chamber, A/301, Near ]
Mahindra Tower, S.S. Amrutwar Lane, ]
Worli, Mumbai - 400 013. ] ... Respondents
AJN
::: Uploaded on - 10/03/2021 ::: Downloaded on - 10/03/2021 23:45:31 :::
3/11 122 Cri-WP-251.19 & 890.21 (01-03-21) J.odt
ALONG WITH
CRIMINAL WRIT PETITION NO.890 OF 2021
Jagdish Ramnivas Sarda, ]
Occ. Business, R/o. Villa No.35, Pearl ]
Country, Pillar No.143, Attapur, Hyderabad. ] ... Petitioner
Versus
1. The State of Maharashtra ]
(Through Navashiva Police Station, ]
Navi Mumbai) ]
2. K. Trambaklal ]
(Through its Power of Attorney holder ]
Ashok Kesharia) 8, Golden Arrow, ]
163/F, Hem Colony, S.V. Road, Vile ]
Parle (W), Mumbai - 400 056. ]
Also having address at - ]
Shop No.3, Veebee Mall, Khanvel ]
Road, Silvasa - 396 230. ] ... Respondents
...
Mr. Prajot H. Jaggi for the petitioners in Writ Petition No.251 of
2019 and for respondent No.2 in Writ Petition No.890 of 2021.
Mr. Vikram Sutaria for petitioner in Writ Petition No.890 of 2021
and for respondent No.4 in Writ Petition No.251 of 2019.
Ms. S.D. Shinde, A.P.P. for respondent-State.
...
AJN
::: Uploaded on - 10/03/2021 ::: Downloaded on - 10/03/2021 23:45:31 :::
4/11 122 Cri-WP-251.19 & 890.21 (01-03-21) J.odt
CORAM : S.S. SHINDE &
MANISH PITALE, JJ.
RESERVED ON : 01ST MARCH, 2021.
PRONOUNCED ON : 10TH MARCH, 2021.
JUDGMENT:- [Per: Manish Pitale, J.]
1. These are two writ petitions concerning cross cases initiated
by the rival parties against each other. In Writ Petition No.251 of
2019, the petitioners and respondent Nos.4 to 6 are original
accused in First Information Report ("FIR") registered at the
Navashiva Police Station, District Raigad, by respondent Nos.2 and
3, who are the original complainants.
2. Petitioner No.1 in the said writ petition is the proprietor of a
firm - M/s. Trambaklal, which deals in edible oils, while the other
accused persons are agents and representatives of the said firm as
also its sister concerns. The said firm had business transactions
with respondent No.3-company of which respondent No.2 is the
director.
3. It appears that during such business transaction, dispute arose
between the parties leading to initiation of criminal proceedings
against each other. This is evident from the fact that in Writ
Petition No.890 of 2021, the said director of the company, which is
the original complainant in Writ Petition No.251 of 2019 is the
AJN
5/11 122 Cri-WP-251.19 & 890.21 (01-03-21) J.odt
accused in an FIR registered at the same police station, at the
instance of the aforesaid firm, which in this writ petition is the
original complainant.
4. In Writ Petition No.890 of 2021, the petitioner has sought
quashing of FIR as well as charge-sheet filed against him for
offences punishable under Sections 420, 465 and 471 of the Indian
Penal Code ("IPC"). Similarly, the petitioners in Writ Petition
No.251 of 2019 have sought quashing of FIR for offences
registered against the petitioners and other accused persons for
offences punishable under Sections 405, 406, 415, 465, 467, 471
and 420 of the IPC. Although the parties have made allegations
against each other leading to initiation of two criminal proceedings,
it appears that thereafter, the parties settled their disputes mutually
and they arrived at an amicable settlement leading to execution of
Consent Terms dated 12/01/2020. The said document has been
placed on record, wherein it is stated that the disputes between the
parties have been settled and they have agreed to withdraw cases
initiated against each other, both in Maharashtra as well as
Telangana. It is stated in the said consent terms that the parties
would co-operate with each other to ensure that such criminal
proceedings are quashed.
5. The first informants, who have been arraigned as respondent
No.2 in these petitions, both have placed on record affidavits in
AJN
6/11 122 Cri-WP-251.19 & 890.21 (01-03-21) J.odt
reply in the petitions confirming the fact that the inter se disputes
between the parties have been resolved. In Writ Petition No.251 of
2019, respondent No.2 (original complainant) has stated in his
affidavit in reply as follows:
"1. I state that I am a First Informant and the F.I.R.
bearing C.R. No.M-3/2019 registered with Nava Seva
Police Station, Navi Mumbai, for offences punishable u/
ss. 420, 407, 471 and 34 of the Indian Penal Code,
1860, lodged at my instance.
2. I state that however disputes between the Petitioners
and myself have been settled and I have entered into
consent terms with Petitioners dated 12.01.2020.
3. I state that without going into merits of the case, I
have no objection if the subject FIR and proceedings
thereon are quashed and set aside against the Petitioners.
4. I state that I have gone through the copy of the
petition and I agree with the fact that the above stated
dispute is amicably settled between the Petitioners and
myself and I have entered into consent terms with the
Petitioners.
5. I state and submit that both parties to consent terms
have to adhere to terms of settlement dated 12/01/2020
and I state that in case I fail to adhere to do my part of
obligation, I shall be held liable for contempt of Court
under the relevant provisions of the Contempt of Court.
6. I state that my 500 MT goods i.e. edible oil is seized
at the instance of complaint/FIR lodged by the Mr.
Ashok Kesharia, a power of attorney holder of M/s. K.
Trambaklal in connection with RCC No.49/2017 and
my present consent is given subject to the Petitioners
herein gives NOC/letter/email for removal of seizure in
AJN
7/11 122 Cri-WP-251.19 & 890.21 (01-03-21) J.odt
connection with FIR bearing MECR No.2/2014
registered with Nahva Seva Police Station.
7. I have no objection if the proceedings arising out of
FIR bearing C.R. No.M-3/2019 registered with Nava
Seva Police Station, Navi Mumbai investigated by Vashi
Police Station, Navi Mumbai, is quashed and set aside."
6. Similarly, respondent No.2 (original complainant) in Writ
Petition No.890 of 2021 has placed on record an affidavit, wherein
it is stated as follows:
"1. I state that I am a First Informant and the
F.I.R. bearing C.R. No.M-2/2014 registered with Nhava
Sheva Police Station, Navi Mumbai, for offences
punishable u/ss. 420, 465, 471 and 34 of the Indian
Penal Code, 1860, lodged at my instance and now the
same is pending RCC No.49/2017, pending before the
Ld. JMFC Court at Uran, Navi Mumbai.
2. I state that however disputes between the
Petitioner and myself have been settled and I have
entered into consent terms with Petitioner on
18/02/2021.
3. I state that without going into merits of the
case, I have no objection if the subject FIR and
proceedings thereon are quashed and set aside against
the Petitioner, subject to de-freezing of Bank Accounts
more particularly mentioned and recorded in the
consent terms dated 18/02/2021.
4. I state that I have gone through the copy of the
petition and I agree with the fact that the above stated
dispute is amicably settled between the Petitioners and
AJN
8/11 122 Cri-WP-251.19 & 890.21 (01-03-21) J.odt
myself and I have entered into consent terms with the
Petitioners.
5. I state and submit that both parties to consent
tems has to adhere to terms of settlement dated
18/02/2021 and I state that in case me or my
firm/representatives of my firm fails to adhere to do my
part of obligation, I shall be held liable for contempt of
Court under the relevant provisions of the Contempt of
Court.
6. I have no objection if the proceedings in RCC
NO. 49 of 2017 arising out of FIR bearing C.R. No.M-
2/2014 registered with Nava Seva Police Station, Navi
Mumbai, is quashed and set aside and the 500 MT of
goods seized vide notice dated 27/04/2017 are released
in favour of the Petitioner."
7. From the contents of the aforesaid affidavits, it is evident that
the parties do not wish to further pursue the criminal proceedings
against each other. The deponents of these affidavits were
personally present before us in the court. We interacted with them
and they confirmed that the disputes have been settled and the
affidavits have been sworn by them without any coercion and by
their own free will.
8. The Supreme Court in the case of Gian Singh v. State of
Punjab & Anr.1 has held that the criminal cases having
overwhelmingly and predominately civil flavour stand on a
different footing for the purposes of quashing, particularly the
1 (2012) 10 SCC 303
AJN
9/11 122 Cri-WP-251.19 & 890.21 (01-03-21) J.odt
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.
9. Since the material on record clearly demonstrates that the
disputes between the parties were essentially of a commercial nature
and certain misunderstandings have led to initiation of criminal
proceedings, the ratio of the aforesaid judgment of the Hon'ble
Supreme Court applies to the facts and circumstances of the present
cases. Therefore, the petitions deserve to be allowed.
10. But, at the same time, the parties ought to deposit certain
amounts towards costs for disposal of the present writ petitions on
AJN
10/11 122 Cri-WP-251.19 & 890.21 (01-03-21) J.odt
the basis of the settlement and consent given by the original
informants. The said amounts towards costs shall be utilized for a
noble cause.
11. In view of the above, the petitioners in both the petitions
shall deposit an amount of Rs.1,00,000/- each in the account of the
Children's Aid Society, Mumbai, within a period of four weeks
from today, the account details of which are as follows:
Name : The Children's Aid Society, Mumbai.
SB.A/c. No. : 02370100005612
Bank : UCO Bank
IFSC Code : UCBA0000237
12. On the costs being deposited by the petitioners in Criminal
Writ Petition No.251 of 2019 and the petitioner in Criminal Writ
Petition No.890 of 2021 in the aforesaid bank account, the
Children's Aid Society, Mumbai, shall immediately transfer the said
amount of costs to the New and Additional Children's Home,
Mankhurd, Mumbai.
13. Accordingly Writ Petition No.251 of 2019 is allowed in terms
of prayer clause (b), which reads as under:
"(b) that after examining the legality and validity of FIR
No. M3 of 2019, this Hon'ble Court be pleased to
quash and set aside the FIR No.M3 of 2019 registered
with the Nhava Sheva Police Station under section 405,
406, 415, 465, 467, 471 and 420 on such terms and
AJN
11/11 122 Cri-WP-251.19 & 890.21 (01-03-21) J.odt
conditions as this Hon'ble Court may deem fit and
proper'"
14. In view of the above, Writ Petition No.890 of 2021 is
allowed in terms of prayer clause (a), which reads as under:
"(a) This Hon'ble Court be pleased to quash and set aside
proceedings in connection with RCC No.49 of 2017
arising out of FIR bearing MECR No. 2/2014
registered with Nahva Seva Police Station, Navi
Mumbai, pending before the Ld. Court of Civil Judge
Junior Division Uran, for the offences punishable u/s.
420, 465, 471 r/w. 34 of the Indian Penal Code, 1860
and goods i.e. 500 MT tons of edible oils seized vide
letter dated 27/04/2017 may kindly be
released/defreezed."
15. It is further made clear that the cost is condition precedent for
quashing of the FIRs and it is only upon satisfaction of the
aforesaid condition that the FIRs shall stand quashed.
16. Rule made absolute in the above terms. The writ petitions
are disposed of accordingly.
17. List the matters on 20/04/2021 for compliance.
(MANISH PITALE, J.) (S.S. SHINDE, J.)
AJN
