Bombay High Court
Sanjay Shridhar Mishra vs Rupalia Santosh Dhanawade And Anr on 23 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. 971 OF 2021
Sanjay Shridhar Mishra
Age: 55 years, Occ: Nil,
R/a. Flat No. 84, Bldg No. 3
Vijay Enclave, Waghbil Corner
Ghodbandar Road, Thane ...Petitioner
Versus
1. Mrs. Rupali Santosh Dhanawade
Age: 40 years, Occ: Business,
R/a. Flat No. 32, Bldg No.3,
Vijay Enclave, Waghbil Corner,
Ghodbandar Road, Thane.
2. The State of Maharashtra
(At the instance of Kasar Wadavli
Police Station, Thane.) ...Respondents
...
Mr. Rahul P. Walvekar, for Applicant.
Mr. S. S. Yadav for Respondent No.1.
Ms. M.H. Mhatre, APP for State.
Applicant present in Court.
Respondent No.1 present in Court.
...
Digitally signed
by
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
Date: 2022.02.24
CORAM : S. S. SHINDE &
N. R. BORKAR, JJ.
13:30:44 +0530
DATE : 23rd FEBRUARY, 2022.
ORAL JUDGMENT :
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:-
Dnyaneshwar Ethape, PA
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a) This Hon'ble Court by exercising the
powers u/s. 482 of Code of Criminal
Procedure be pleased to quash F.I.R. being C.R.
No. 0220 of 2021 registered with
Kasarwadavli Police Station, Thane under
Section 427 and 435 of Indian Penal Code,
1860 at the instance of Respondent No.1
against the Applicant, in the interest of
justice;"
3. At the outset, Learned counsel appearing for the petitioner and
contesting respondents jointly submits that the parties have amicably settled
the dispute and to that effect respondent No.1 has filed affidavit.
4. 1st respondent is present before this Court. She is identified by
her advocate. She stated that it is her voluntary act to enter into such
settlement and give consent for quashing the impugned FIR.
5. The applicant is present before this Court. He stated that
dispute between him and Respondent No.1 is settled.
6. In view of settlement arrived at between the parties, no fruitful
purpose will be served by continuing the further investigation of FIR No.
0220 of 2021 registered with Kasarwadavli Police Station, Thane for the
offence punishable under sections 427 and 435 of the IPC.
Dnyaneshwar Ethape, PA
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7. Respondent No.1 in paragraphs No. 2 to 4 of her affidavit in
reply stated thus:
"2. I state that I have gone through the copy of the
Application and I agree with the fact that the above
stated dispute is amicably settled between the
Applicant and me, in view of an agreement dated
24/10/2021 which is duly notarized. And which is
at Exhibit B of the Application. I say and submit
that, as per agreement I have received an amount
of Rs. 7,50,000/- towards the payment to be made
for new car.
3. I state and submits that in view of the
said facts, it would save the precious time and effor
of the Hon'ble Court, if the F.I.R. being C.R. No.
0220 of 2021 registered with Kasarwadvli Police
Station, Thane under Section 427 and 435 of IPC is
quashed.
4. I state that I have no objection if the F.I.R.
being C.R. No. 0220 of 2021 registered with
Kasarwadavli Police Station, Thane under Section
427 and 435 of IPC is quashed."
8. 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
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
1 2012 (10) SCC 303
Dnyaneshwar Ethape, PA
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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
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.
9. Since the parties have amicably settled the dispute and
grievance of the respondent No.1 has been satisfied, there is no point in
continuing with the further investigation which would unnecessarily
consume valuable time of the investigation machinary. In that view of the
matter application deserves to be allowed.
10. At this stage, learned counsel appearing for the applicant, on
instruction of the applicant who is present in the Court, makes a statement
that the applicant will deposit Rs, 25,000/- for the benefit of children.
11. In the light of above, we pass the following order:
(i) The Criminal Application is allowed in terms of prayer clause
(a), subject to depositing amount of Rs.25,000/- by the applicant with
the Children's Aid Society, Mumbai within two weeks from today in the
account number given herein below.
Dnyaneshwar Ethape, PA
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Bank Name: UCO Bank
Branch Name: Matunga, Mumbai
A/c. Name: Children Aid Society
Account No. 02370100005612
IFSC Code: UCBA0000237
In turn the Children's Aid Society, Mumbai shall transfer
the said costs for betterment of the children to the New & Additional
Children's Home, Mankhurd, Mumbai.
(ii) The application stands disposed of accordingly.
(N. R. BORKAR, J.) (S. S. SHINDE, J.)
Dnyaneshwar Ethape, PA
