Bombay High Court
Ashok Virchand Doshi And Anr vs The State Of Maharashtra And Anr on 14 February, 2022
Bench: S.S. Shinde, N. R. Borkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 286 OF 2021
Mr. Ashok Virchand Doshi and Anr. ...Applicants
Versus
The State of Maharashtra & Anr. ...Respondents
...
Mr. Meghadeep Oak for Applicant.
Ms. Swapna P. Kode, for Respondent No.2.
Ms. G.P. Kulekar, APP for State.
...
Digitally signed
by
CORAM : S. S. SHINDE &
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
Date: 2022.02.15
N. R. BORKAR, JJ.
17:44:03 +0530
DATE : 14th FEBRUARY, 2022.
ORAL JUDGMENT.: [PER. S.S. SHINDE, J.]
1. Rule. Rule made returnable forthwith and heard with the
consent of learned counsel appearing for the parties.
2. This application is filed alongwith following substantive
prayers:-
a. This Hon'ble court be pleased to quash
the entire FIR arising out of C.R. No.242/2013
registered with Dharavi Police Station,
Mumbai for the offences punishable u/s 326,
341 r/w 34 and 120 (B) of the Indian Penal
Code lodged by Respondent No.2.
b. The Hon'ble Court be pleased to quash
entire Charge sheet and proceedings bearing
no.PW/325/2014 before the Ld. Metropolitan
Magistrate, 12th Court, Bandra arising out of
C.R. no.242/2013 registered with Dharavi
Police Station;
Dnyaneshwar Ethape, PA
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3. At the outset, learned counsel appearing for the applicants and
contesting respondents jointly submit that parties have amicably settled the
dispute. The 2nd respondent has filed consent terms and same are placed on
record in the compilation of this application from pages 32 to 34. The 2 nd
respondent has also filed affidavit which is part of the compilation of the
application.
4. On the basis of consent terms, so also, the averments in the
affidavit filed by 2nd respondent, the learned counsel appearing for the
applicants and 2nd respondent prays that the application may be allowed
and impugned first information report and charge-sheet may be quashed
and set aside. They jointly submits that proceedings bearing No.
PW/325/2014 arising out of C.R. No. 242 of 2013 pending on the file of the
learned Metropolitan Magistrate Bandra, Mumbai, may also be quashed.
5. Learned counsel appearing for the applicants invite attention of
this Court to the exposition of the Supreme Court in the case of Giansingh v.
State of Punjab and Another 1 and submits that in the light of observation
made by the Supreme Court in the said judgment the present application
deserves to be allowed.
6. Ms. Swapna Kode, learned counsel appearing for 2 nd
Respondent submits that the parties have amicably settled the dispute and
1 2012 (10) SCC 303
Dnyaneshwar Ethape, PA
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in the interest of justice the present application may be allowed.
7. Ms. Mulekar, learned APP appearing for respondent/State
invited our attention to the NC No.485 of 2013 registered against the
applicants and submits that this Court may pass the appropriate order.
8. Heard Mr. Oak appearing for the applicants, learned APP
appearing for State/respondent, learned counsel appearing for respondent
No.2. Upon perusal of contents of FIR, charge-sheet and its
accompaniments and weapon used by applicants and the injuries sustained
by the victim, we are of the opinion that an ingredient of section 326 of the
Indian Penal Code are not attracted in the present case.
9. The Supreme Court in the case of Giansingh v. State of Punjab
and Another2 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
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
2 2012 (10) SCC 303
Dnyaneshwar Ethape, PA
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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.
10. Therefore, keeping in view in observation of the Supreme Court
in the aforesaid judgment, there is no impediment to consider the prayer of
the parties to allow this application on the basis of amicable settlement. It is
true that there was earlier NC filed against applicant No.1. The allegation in
the said NC are vague, and there is no specific overt act attributed to the
applicant No.1. We need not reproduce the consent terms and the affidavit
filed on behalf of the Respondent No.2. Upon perusal of averments in the
affidavit filed by respondent No.2, suffice it to mention that, the 2 nd
respondent in his affidavit has stated that the matter is resolved peacefully
and amicably between applicants and himself. The dispute arose on a
misunderstanding. The civil dispute is pending wherein applicant No.1 is
already party to said civil dispute, which has been mutually clarified and
settled among the parties, in order to maintain peace and harmony. The 2 nd
respondent has stated that the said amicable settlement is not an outcome
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of any coercion and they have willingly agreed to settle the dispute with the
applicants.
11. On 04.02.2022 respondent No.2 was available for our
interaction through video conference. We have interacted with 2 nd
respondent through video conferencing so as to insure that, whether the
amicable settlement is with free will and without any coercion or otherwise.
The 2nd respondent stated before this Court that he himself and applicants
have mutually agreed to settle the dispute and differences and he has given
consent to quash the FIR i.e. C.R. No.242 of 2013 registered at Dharavi
Police Station, Mumbai and Original proceeding pending before the
concerned trial Court. He further stated that whatever decision taken by
him for settlement is without any undue influence, force and threat of the
applicants.
12. In the light of discussion in forgoing paragraph, keeping in
view the consent terms and affidavit filed by 2 nd respondent and the fact
that there are no any other cognizable offences pending against the
applicants, we are inclined to allow this application, however, subject to
payment of costs of Rs. 50,000/- by the applicants. Hence, we pass the
following order:
Dnyaneshwar Ethape, PA
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ORDER
(1) The Criminal Application is allowed in terms
of prayer clause (a) and (b), subject to depositing
amount of Rs.50,000/- by the applicants jointly within
three weeks from today.
(2) Applicants shall deposit Rs. 25,000/- in the
following account-
Bank Name: Axis Bank Ltd.
Branch Name: Worli, Mumbai- 400 025.
A/c. Name: Police Welfare Fund.
Account No. 914010029005759
IFSC Code: UTIB0000060
(3) The balance amount of Rs. 25,000/- shall be
deposited with the Tata Cancer Hospital, Mumbai in
the following account-
Bank Account No. 1002449683
Bank Name Central Bank Of India
Branch TMH
Bank Address Parel, Mumbai: 400 012
Bank MICR Code 400016112
Bank IFS Code CBIN0284241
Account Type Current
(4) As already observed depositing aforesaid
amount is condition precedent for allowing the
present application.
(5) The application stands disposed of
accordingly.
(N. R. BORKAR, J.) (S. S. SHINDE, J.)
Dnyaneshwar Ethape, PA
