Shailesh Vijaykumar Jain vs The State Of Maharashtra, Thr. ...
2022 Latest Caselaw 3738 Bom

                                             1                               922-apl-308-22j.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       NAGPUR BENCH, NAGPUR

              CRIMINAL APPLICATION (APL) NO. 308 OF 2022

Shailesh Vijaykumar Jain,
Aged 46 years, Occ. Business,
R/o. Siddhi Vinayak Colony,
Gorakshan Road, Akola,
Tah. & Dist. Akola.                                                        . . . APPLICANT

                      ...V E R S U S..

1. State of Maharashtra through
   P.S.O., Police Station, MIDC,
   Tah. & Dist. Akola.

2. Ajaykumar Mohanlal Kedia,
   Aged 54 years, Occ. Business,
   R/o. Gokul Pulses, Plot No. N-63,
   MIDC Phase-4, Akola,
   Tah. & Dist. Akola.                                           . . . NON-APPLICANTS

------------------------------------------------------------------------------------------------
Shri U. J. Deshpande, Advocate for applicant.
Shri S. S. Doifode, APP for non-applicant no.1/State.
Shri Deepak S. Patil, Advocate for non-applicant no. 2.
-----------------------------------------------------------------------------------------------
                 CORAM :- V. M. DESHPANDE AND
                          AMIT B. BORKAR, JJ.

DATED :- 06.04.2022

JUDGMENT (PER : AMIT B. BORKAR, J.) :-

1. Heard.

2. Rule. Rule made returnable forthwith. Heard finally by

consent of the parties.

2 922-apl-308-22j.odt

3. By this application under Section 482 of the Code of

Criminal Procedure, the applicant is challenging registration of the

First Information Report (FIR) No. 815/2021 registered with the non-

applicant no. 1-Police Station for the offence punishable under Sections

403, 406, 409, 418 and 420 of the Indian Penal Code.

4. The FIR came to be registered against the applicant with

accusation that inspite of purchasing goods from the non-applicant no.

2, the applicant refused to pay the amount to the non-applicant no. 2.

5. During the pendency of the investigation, the applicant

and the non-applicant no. 2 have mutually and amicably resolved to

settle their dispute and therefore, has file the present application

challenging registration of the FIR. Today, when the application was

called out, the non-applicant no. 2 is present in the Court. He stated

that he has no objection for quashing the FIR filed against the

applicant.

6. We have carefully considered the allegations in the FIR

and we are satisfied that the criminal case filed against the applicant is

having pre-dominantly civil character arising out of commercial

transaction. The Hon'ble Apex Court in the case of Narinder Singh Vs. 3 922-apl-308-22j.odt

State of Punjab, [(2014) 6 SCC 466] in paragraph no. 29.4 has

observed as under:-

"29.4. On the other hand, those criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves."

7. In view of amicable resolution of the dispute of civil

character, there is no impediment in setting aside the FIR against the

applicant. We, therefore, pass the following order:-

                             i)          The application is allowed.

                             ii)         Rule is made absolute in terms of prayer-clause (1), which

                             reads as under:-

"1. Allow the application and the First Information Report bearing Crime No 815/21 against the applicant no. 1 for the offences punishable under Sections 403, 406, 409, 418 and 420 of the Indian Penal Code registered by the non-applicant-MIDC Police Station, Akola at the behest of complaint lodged by non- applicant no. 2 may kindly be quashed in the interest of justice (Annexure-A);"

(AMIT B. BORKAR, J.) (V. M. DESHPANDE, J.) Digitally signed by JAISWAL JAISWAL RAJNESH RAMESH RAJNESH Date:

RAMESH    2022.04.08
          18:38:40
          +0530



   RR Jaiswal