Bhushan Pravin Bhandarkar And Ors vs The State Of Maharashtra And Anr
2022 Latest Caselaw 1880 Bom

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                                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                     CRIMINAL APPELLATE JURISDICTION

                                                    CRIMINAL APPLICATION NO. 191 OF 2022

                                1. Bhushan Pravin Bhandarkar
                                  Age. 30 years, Occ. Business.
                                2. Pravin Manohar Bhandarkar
                                   Age. 53 years, Occ. Service.

                                3. Prasad Ravindra Bhandarkar
                                   Age 31 years, Occ. Business,
                                  All are R/at: 578/17, behind Akash
                                  Cinema, Dugad Brothers Chawl, Kurla,
                                  West Mumbai- 070.                                  ...Applicants.

                                       Versus

                                1. The State of Maharashtra
                                   (At instance of Kurla Police Station)

                                2. Dilip Hastimal Jain
                                  Age-42 years, Occu. Business,
                                  R/at: 602, 6th Floor, Shradha CHS Ltd.
                                  Ganesh Buag Lane, Belgrami Road,
                                  Kurla (W), Mumbai 400 070.                    ...Respondents
                                                                    ...
                                Mr. Mukesh Gupta for Applicant.
                                Ms. Gulestan M. Dabash i/b Mr. Pradeep Jain for Respondent No.2.
                                Ms. S. D. Shinde, APP for Respondent/State.
                                Respondent No.2 present in Court & interacted.
                                                                    ...

             Digitally signed
             by
DNYANESHWAR DNYANESHWAR
                                                             CORAM : S. S. SHINDE &
                                                                     N. R. BORKAR, JJ.

ASHOK ETHAPE ASHOK ETHAPE Date: 2022.02.26 10:17:33 +0530

DATE : 24th 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.

                                Dnyaneshwar Ethape, PA
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2. Learned counsel appearing for the applicants and 2 nd

respondent jointly submits that the parties have amicably settled the dispute

and pray for quashing the impugned FIR. .

3. It is submitted that the incident had occurred out of

misunderstanding and on trifle ground, and in order to maintain peace and

harmony as also cordial relation, the applicants and 2 nd respondent have

decided to bury the differences and to lead the peacefully life in the area

where their shops are situate.

4. The 2nd Respondent has filed his affidavit in paragraphs Nos. 4

to 7 of the said affidavit reads as under:-

'4. I say and submit that the differences between the Applicants and myself have been settled amicably without any undue influence, coercion, pressure on me and I am giving this affidavit voluntarily and on my own will for quashing of Criminal Complaint filed by me against the Applicants which is pending before Ld. Trial Court, Kurla.

5. I say and submit that in view of the amicably settlement, I do not want to continue with the present case and I do not wish to pursue my Complaint being C.C. No. 1525/PW/2017 in C.R. No. 235 of 2017 registered with Kurla Police Station, Mumbai against the Applicants for offences u/s. 452, 504, 323, 506(2), 34 of IPC.

6. I say and submit that I have no objection if this Hon'ble Court allows the present criminal Writ Petition of the Applicants and quashed the proceedings

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pending before the Ld. Magistrate Court at Kurla, Mumbai C.C. No. 1525/PW/2017 in C.R. No. 235 of 2017 registered with Kurla Police Station, Mumbai against the applicants for offences u/s. 452, 504, 506(2), 34 of IPC.

7. I further says that I future having no dispute between us and therefore, I am giving my consent to settle the matter amicably.'

5. The 2nd Respondent present before this Court. He is identified

by his advocate. On a specific query being put to 2 nd respondent, he stated

that he has filed his affidavit on his own will without any coercion or

pressure. He further stated that he has no objection to the prayer of the

applicants being granted.

6. Since the parties have amicably settled the dispute, and dispute

arose between them appears to be personal in nature, no purpose will be

served by continuing proceeding pending before the said Court, and

continuation of said proceeding would be exercised in futility and would

tantamount the abuse of 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 flavour stand on a different footing for the purposes of

1 2012 (10) SCC 303

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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

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.

8. In the light of discussion in foregoing paragraphs and in order

to prevent the abuse of the process of Law/Court and to secure the ends of

justice, in our view, it would be appropriate to allow the prayer clause of the

Applicant for quashing and setting aside the impugned FIR. The application

is allowed in terms of prayer clause (b), which read thus-

"b. That this Hon'ble be pleased to kindly quash the Chargesheet/criminal complaint bearing C.C. No. 1525/PW/2017 pending in C.R. No. 235 of 2017 registered

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with Kurla Police Station, Mumbai for offences u/s. 452, 504, 506(2), 323, 34 of IPC registered with Kurla Police Station, Mumbai against the Applicants."

(i) Rule is made absolute to the above terms, subject to depositing amount of Rs.10,000/- by the applicants with the Children's Aid Society, Mumbai within three weeks from today in the account number given herein below.

                         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