Bombay High Court
Zubair Shakil Khan vs The State Of Maharashtra And Anr on 17 March, 2021
Bench: S.S. Shinde, Manish Pitale
Digitally
signed by
Vishwanath 1/5 12-CRWP-1072-2021.doc
Vishwanath S. Sherla
S. Sherla Date:
2021.03.18
17:43:28 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530 CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 1072 OF 2021
Mr. Zubair Shakil Khan
Aged: 38, Occ: Business, Residing at
Room No. 01, Pujari Building, First
Floor, Mastan Talao, J J Marg
Bombay- 400008. ...PETITIONER
Versus
1. The State of Maharashtra
At the instance of Nagpada
Police Station.
2. Mr. Owais Abdul Razzak Shaikh
Age- 45, Occ- Business, Residing at
Memni Building, Flat No. 8 Maulana
Azad Road, Sagar Hotel, Nagpada
Bombay- 400008. ...RESPONDENTS
...
Mr. Irfan Abdul Aziz for Petitioner.
Mr. Mohd. Arif Siddiqui for Respondent No. 2.
Mr. V.B. Konde-Deshmukh, APP for State.
Respondent No. 2 is present in the Court.
...
CORAM : S. S. SHINDE &
MANISH PITALE, JJ.
DATE : 17th MARCH, 2021.
ORAL JUDGMENT [PER S.S. SHINDE]:
. Rule. Rule made returnable forthwith and heard with the
consent of learned counsel appearing for the parties.
Bhagyawant Punde
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2. Learned counsel appearing for the Petitioner and Respondent
No. 2 submits that the parties have amicably settled the dispute. The
Respondent No. 2 has filed the affidavit. Paragraph 2 to 4 of the said
affidavit reads as under:-
2) I state that due to some misunderstanding and
in hasty situations, the said F.I.R. has been lodged
against the Petitioner and that the Petitioner has also
lodged a Cross F.I.R. against me under the same
offences.
3) I state that both of us reside in the same area
and locality since many years, therefore we are
neighbours to each other and I have resolved all
disputes with the Petitioner along with the
intervention of our family members, family friends
and colleagues as there were also some mistakes
committed on my part on the day the incident took
place. Therefore, I do not want to proceed against
them and thus, I wish to withdraw the said F.I.R.
4) I state that I have realized my mistake which
was done in a hasty situation and due to
misunderstanding but now I have settled the dispute
amicably with the above named Petitioner. Therefore
I am no more interested to proceed with the above
mentioned F.I.R. Hence, pendency of the present
proceeding may result in harming and destroying
the reputation of the above named Petitioner as well
as myself.
Bhagyawant Punde
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3. Respondent No. 2 is present before this Court. He stated that it
is his voluntary act to enter into the settlement and give consent for
quashing the FIR. It is submitted that entire incident had happened due to
misunderstanding.
4. Since the Respondent No. 2 is not going to support the
allegations in the FIR, the chances of conviction of Petitioner is remote and
bleak. Further continuation of investigation of FIR dated 6 th December 2019
being C.R. No. 414 of 2019 registered at Nagpada Police Station, Mumbai
for the offences punishable under Sections 324, 323, 504 of IPC, would
tantamount to the abuse of the process of the Court.
5. 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
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
1 2012 (10) SCC 303
Bhagyawant Punde
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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.
6. In the light of discussion in foregoing paragraphs, to secure the
ends of justice and prevent the abuse of the process of the law/Court, the
writ petition deserves to be allowed, however, cost deserves to be imposed
on the Petitioner. Hence, we pass the following order:-
ORDER
A) The writ petition is allowed in terms of prayer clause
(a), which reads as under:-
(a) This Hon'ble Court be pleased to issue a Writ of
Certiorari or any other appropriate writ/ order/
direction in the nature of writ calling for records and
proceedings of F.I.R. dated 06th December, 2019 being
C.R. No. 414 of 2019 registered at Nagpada Police
U/s's 324, 323,504 of Indian Penal Code. After
examining the legality and propriety thereof, this
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Hon'ble Court be pleased to quash and set aside the
said F.I.R. against the Petitioner on such terms and
conditions as this Hon'ble Court may deem fit to
grant in the circumstances of the case.
B) The Petitioner to deposit Rs. 25,000/- (Rupees
Twenty Five Thousand), in the account mentioned
herein below, within three weeks from today.
Name of Bank of Account: : Children Aid Soc
Donation
Bank Account No. : 02370100005612
Bank Name : UCO Bank
Branch : Matunga Mumbai
IFSC Code : UCBA0000237
C) It is made clear that this order will take effect only
after depositing the aforesaid amount of cost in the
account mentioned herein above.
D) Rule made absolute to above extent. The writ
petition stands disposed of accordingly.
E) List the matter under the caption 'For Compliance'
on 15.04.2021 for compliance of directions
contained in this order.
( MANISH PITALE, J.) (S. S. SHINDE, J.)
Bhagyawant Punde
