Sahil Zahid Mansoor Khan vs The State Of Maharashtra And Ors
2021 Latest Caselaw 13131 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

                   CRIMINAL WRIT PETITION NO. 1515 OF 2015

Sahil Zahid Mansoor Khan & Anr.                               ...Petitioners

         Versus

The State of Maharashtra & Ors.                               ...Respondents
                                ...
Mr. Shyam Dewani a/w. Mr. Chirag Chanani, Mr. Goptal Tripathi
and Mr. Kandarp Trivedi i/by. Dewani Associates for Petitioner.
Mr. Tajammul Usman a/w. Mr. M.A. Khan i/by. CAPRI Legal for
Petitioner.
Mr. K.V. Saste, APP for State.
Respondent No. 3 is present through VC.
                                ...
                          CORAM : S. S. SHINDE &
                                    N. J. JAMADAR, JJ.

DATE : 15th SEPTEMBER, 2021.

ORAL JUDGMENT: [PER N.J. JAMADAR, J.]

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

consent of learned counsel for the parties.

2. This petition is preferred to quash the FIR bearing C.R.

No. 579 of 2014 registered with Bandra Police Station for the

offences punishable under Section 420, 406, 506(II) and 120-B of

IPC.

3. The learned counsel for the petitioners and Respondent

No. 3 make a joint statement that the petitioner and Respondent No.

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3 have resolved the dispute amicably. The Respondent No. 3 has no

objection to quash the impugned FIR. The Respondent No. 3 has

also sworn an affdavit thereby giving consent for quashing the

impugned FIR.

4. Respondent No. 3 appeared before the Court through

video conference. We have interacted with Respondent No. 3. She

submitted that she has decided to resolve the dispute. She has

consented for quashing the FIR voluntarily. There is no coercion or

duress. Respondent No. 3 admitted the contents of consent affdavit

dated 06.02.2016. She further submitted that the dispute is

resolved in accordance with memorandum of understanding

executed between the parties (Exhibit-B annexed to the petition).

She admitted the contents of memorandum of understanding and

execution thereof.

5. Paragraphs No. 1 to 3 of the affdavit of Respondent No.

3 read as under:-

1. I say that, I and the petitioners have settled our disputes in terms of "Memorandum of Understanding" dated 26th February, 2015 executed between us, a copy of which is annexed and marked as Exhibit-'B' in the present petition.

2. I say that, in terms of the said Memorandum of Understanding as the

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petitioners have undertaken to not to publish any news, photograph etc. and have further agreed to not to disclose any personal/confdential information/ article/ photographs and documents etc. and agreed to bind themselves as well as the persons claiming through under them. In view of such a solemn undertaking given by the petitioners/accused persons, I have agreed to not to prosecute several complaints made by me. In this view of the matter, therefore no fruitful purpose would be served in continuing the prosecution which is subject matter of present petition.

3. I say that I am fling this affdavit as directed by this Hon'ble court on 28/01/2016. I say that in the above circumstances, I have no objection to quash the FIR No. 579 of 2014, FIR No. 598 of 2014 and FIR No. 11 of 2015 registered with Bandra Police Station, Bandra, Mumbai.

6. In the light of aforesaid submissions, statement and

averments in the affdavit of Respondent No. 3, we have perused the

material on record including the allegations in the FIR. It seems

that the alleged offences arose out of a business dispute between

the parties. It further appears that the parties have eventually

resolved the entire dispute amicably. The dispute appears to be

predominantly of civil nature. In view of the settlement, it is very

unlikely that the Respondent no. 3 would support the prosecution

and it would end in conviction. The continuance of the prosecution,

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in such circumstances, would serve no fruitful purpose. On the

contrary, it will cause great prejudice not only to the petitioners, but

to Respondent No. 3 as well. It would thus amount to abuse of the

process of the Court.

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 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

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 1 2012 (10) SCC 303

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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. The aforesaid propositions apply with equal force to the

facts of the case at hand. Thus, in order to secure the ends of

justice and prevent the abuse of the process of the Court, we are

persuaded to quash the impugned FIR and consequent proceedings.

9. At the same time it is necessary to note that the petition

is pending before this Court for more than 5 years and the offences

have their genesis in the commercial transactions. We are thus

impelled to direct the petitioners to pay costs for a worthy cause.

10. The petition thus deserves to allowed subject to payment

of costs of Rs. 50,000/- (Rupees Fifty Thousand Only) in the

following account.

Name of Bank of Account: Children Aid Soc Donation Bank Account No.: 02370100005612 Bank Name: UCO Bank Branch: Matunga Mumbai.

                    IFSC Code:               UCBA0000237




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11.                Hence, the following order:-

                                         ORDER

1. The petition stands allowed in terms of prayer clause (b), subject to depositing cost of Rs. 50,000/-, in the account mentioned herein above, within three weeks from today. Prayer clause (b) reads as under :-

(b) This Hon'ble Court be pleased to issue a writ of certiorari or any other appropriate, writ/direction/ order in the nature of writ of certiorari under Article 226 of the Constitution of India, 1950 and also u/sec. 482 of Criminal Procedure Code, thereby quashing and setting aside the F.I.R. bearing C.R. No. 579 of 2014 u/sec. 420, 406, 506(II) 120-b of I.P.C. registered with Bandra Police Station, Bandra, Mumbai, qua the Petitioner.

2. Rule made absolute in above terms.

3. The petition stands disposed of.

4. Parties to act upon an authenticated copy of this order.

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

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