Bombay High Court
Purnima Gupta And Anr vs The State Of Maharashtra And Anr on 13 September, 2021
Bench: S.S. Shinde, N. J. Jamadar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3032 OF 2021
Purnima Gupta & Anr. ...Petitioners
Versus
The State of Maharashtra & Anr. ...Respondents
...
Ms. Racheeta R. Dhuru for Petitioners.
Mr. Omprakash Parihar for Respondent No. 2.
Mr. S.R. Shinde, APP for State.
Respondent No. 2 is present in the Court.
...
CORAM : S. S. SHINDE &
N. J. JAMADAR, JJ.
DATE : 13th SEPTEMBER, 2021.
ORAL JUDGMENT: [PER S.S. SHINDE, J.]
1. Rule. Rule made returnable forthwith and heard with the
consent of learned counsel for the parties.
2. Learned counsel for the petitioners and 2 nd respondent
jointly submit that the parties have amicably settled the dispute.
The Petitioners have returned the entire amount to 2 nd respondent.
Respondent No. 2 has fled affdavit. The parties are identifed by
their respective advocates.
Bhagyawant Punde
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3. Respondent No. 2 is present before this Court. We have
interacted with him. He stated that it is his voluntary act to enter
into the settlement and given consent of quashing the impugned
FIR. He stated that he has received the amount mentioned in para 5
of his affdavit. He has no grievance against the petitioners.
4. Para 5 to 11 of the affdavit fled by 2 nd respondent read
as under:-
i.e. Mrs. Purnima Gupta and Mr.
Diwakar Gupta have refunded the total
amount of Rs. 11,00,000/- by Demand
Draft No. 763676, drawn on State Bank
of India, dated 4/11/2020 for the sum of
Rs. 7,00,000/-, in favour of Mrs Garima
Arun Joshi, by Demand Draft No. 76367,
drawn on State Bank of India, dated
4/11/2020 for the sum of Rs.
2,00,000/-in favour of Mrs. Garima
Arun Joshi and by Demand Draft No.
763678, drawn on State Bank of India,
dated 4/11/2020 for the sum of Rs.
1,00,000/-; and Rs. 1,00,000/- in cash
and therefore nothing is due and payable
from the petitioners to me. Hence the
Petitioners have satisfed my entire
monetary claim. Further I do not wish to
pursue the criminal complaint/said FIR
registered against them.
6. I say that neither I nor my
daughter in law (Mrs. Garima), my son
or any other member of my family or any
of our representative or third party shall
have any further claim under civil or
criminal law in relation to this matter.
Bhagyawant Punde
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7. I say that the pendency of the
above matter will not serve any purpose
but would in fact create hurdles for the
applicants and Respondent No. 2 in
starting their life afresh.
8. I say that the pendency of
proceedings is causing mental stress
and agony to both/all the parties.
9. In the interest of maintenance of
harmony, peace and changed condition,
I say that I have come to conclusion that
prosecution will be a futile exercise and
hence I hereby grant my consent for
grant of the prayer made in the above
Writ Petition.
10. I say that for the purpose of
carrying out the effect of this Affdavit, I
shall provide full cooperation and shall
make myself available to be present
physically or virtually before the Hon'ble
High Court, any other court or at the
police station and in case I fail to remain
present before the above authorities, as
and when required, then the Petitioner
will be at liberty to produce the present
affdavit before the above authorities,
including the Hon'ble High Court,
Bombay and get the FIR quashed
unilaterally.
11. That whatever is stated in foregoing
paragraphs is true and correct to the
best of my knowledge and belief and
which I believe to be true and hence I
have signed hereunder.
5. Since parties have amicably resolved the dispute and 2 nd
respondent has fled affdavit and has given no objection for
quashing the MECR/FIR No. I-65 of 2020 dated 09.03.2020
registered under Section 420, 405, 406, 415, 477(a), 504 read with
Bhagyawant Punde
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34 of IPC at Kasarwadavali Police Station, Thane, no fruitful
purpose would be served by continuing the aforesaid investigation
in MECR/FIR No. I-65/2020. In view of stand taken by the 2 nd
respondent chances of conviction of petitioners are remote and
bleak.
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 favour stand on a
different footing for the purposes of quashing, particularly the
offences arising from commercial, fnancial, 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
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
1 2012 (10) SCC 303
Bhagyawant Punde
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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, to
secure the ends of justice and prevent the abuse of the process of
the Court, we are of the opinion that the petition deserves to be
allowed. Hence, the following order:-
ORDER
1. The writ petition is allowed in terms of
prayer Clause (b), subject to depositing of
costs by the petitioners. Prayer clause (b)
reads as under:-
(b) That this Hon'ble Court be pleased to
quash and set aside (in full) the MECR/FIR
No. I-65 of 2020 registered dated 9-3-2020
registered U/s 420, 405, 406, 415, 477(a),
504 r/w. 34 of IPC at Kasarwadavali Police
Station, Thane.
2. Petitioners to deposit amount of Rs.
50,000/- in the account of Children Aid
Society, within three week from today. The
details of said account are as under:-
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Name of Bank of Account: Children Aid Soc
Donation
Bank Account No.: 02370100005612
Bank Name: UCO Bank
Branch: Matunga
Mumbai.
IFSC Code: UCBA0000237
3. Needless to observe that this order will take
effect only after depositing the cost amount
by the petitioners in the aforesaid account.
4. Learned counsel for the petitioners to place
on record proof of deposit of costs in the
Registry.
5. Rule made absolute to above extent.
6. The writ petition stands disposed of.
7. Parties to act upon an authenticated copy
of this order.
( N. J. JAMADAR, J.) (S. S. SHINDE, J.)
Bhagyawant Punde
