Manish S/O. Kisangopal Sharma And ... vs State Of Mah. Thr. Pso Tahsil Dist. ...
2023 Latest Caselaw 3826 Bom

                                      1                 61-J-APL-444-23.doc


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     NAGPUR BENCH, NAGPUR.
             CRIMINAL APPLICATION (APL) NO. 444 OF 2023
 APPLICANTS : 1.               Manish S/o Kisangopal Sharma,
                               Aged : 46 years, Occ : Private,

                        2.     Mona W/o Manish Sharma,
                               Aged : 46 Years, Occ :- Private

                               Both R/o Plot No.54, Chunaoli,
                               Bangare Mohalla, Itwari, Nagpur.

                               VERSUS

 NON-APPLICANTS : 1.                 State of Maharashtra
                                     Through P. S. O. Tahsil
                                     District Nagpur.

                               2.    Rohit Suresh Punayani,
                                     Age - 36 Years, Occ - Private
                                     R/o Plot No.138,
                                     East Wardhaman Nagar,
                                     Near Radhakrishna Hospital
                                     Nagpur.

                               3.    Amit S/o Suresh Punayani,
                                     Age - 46 Years, Occ - Private
                                     R/o Plot No. 138,
                                     East Wardhaman Nagar,
                                     Near Radhakrishna Hospital
                                     Nagpur.

                               4.    Gulam Jilani S/o Abdul Kadar Lashkari,
                                     Age - 48 Years, Occ - Private,
                                     R/o Behind Central Bank
                                     Bangali Panja, Chand Mohalla,
                                     Maskasath, Nagpur.
 -------------------------------------------------------------------------------------------
 Shri N. P. Singhania, Advocate for applicants.
 Shri V. A. Thakare, Additional Public Prosecutor for Non-applicant No.1.
 Ms. Rohini Khapekar, Advocate for respondent Nos.2 to 4.
 -------------------------------------------------------------------------------------------




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                                    2         61-J-APL-444-23.doc


                               CORAM: VINAY JOSHI AND
                                      BHARAT P. DESHPANDE, JJ.

DATE : 18/04/2023.

ORAL JUDGMENT : (PER VINAY JOSHI, J.) :

1. Admit. Heard finally with the consent of learned

counsel appearing for the parties.

2. This is an application seeking to quash FIR in Crime

No.0712/2021 registered for the offences punishable under

Sections 420 and 406 of the Indian Penal Code, under Sections 4

and 5 of the Prize Chits and Money Circulation Schemes (Banning)

Act, 1978 and under Section 3 of the Maharashtra Protection of

Interest of Depositors (In Financial Establishments) Act, 1999 on

account of settlement between the parties.

3. It is the informant's case that applicant No.1 was

running Bhisi Scheme in which non-applicant Nos.2 to 4 have

invested certain amount. However, after specified period, amount

has not been returned, therefore the report of cheating and breach

of trust has been filed. The parties have settled the dispute

amicably out of Court. It is informed that partial payment has been

made to Non-applicant Nos.2 to 4 - Investors whilst a post dated

cheque for remaining amount has been handed over.

3 61-J-APL-444-23.doc

4. Since the matter is settled, Non-applicant Nos.2 to 4

have filed an affidavit stating about the settlement and their no

objection to quash the First Information Report. Today, Non-

applicant No.2 and 3 are present before us, identified by their

Advocate Ms. Rohini Khapekar. We have enquired with them on

which they stated about settlement and no objection to quash First

Information Report.

5. Since the post dated cheque has been issued, we have

asked non-applicants to re-think whether before realization of

cheque, criminal prosecution can be quashed on account of

settlement. Both non-applicant Nos.2 and 3 reiterated their stand

that the matter is settled, they had confidence on the applicant

No.1 and therefore, urged to set aside the First Information

Report.

6. We have brought to the notice of the applicants that

due to their alleged activity, the police are required to register First

Information Report and commence investigation. At this juncture,

applicants' counsel, upon instructions, undertakes to deposit the

costs of Rs.10,000/-.

7. The offence is of a personal nature arising out of money

transaction. It cannot be termed as anti-social offence. Since

4 61-J-APL-444-23.doc

applicant No.1 was running Bhisi Scheme, we have asked the

Investigating Officer to verify whether there are other investors

who are similarly cheated. The Investigating Officer has filed reply

that they did not find any other investor relating to present crime.

Since the matter is settled, we deem it appropriate to invoke our

inherent jurisdiction.

8. In view of above, application is allowed. We hereby

quash and set aside the FIR in Crime No.0712/2021 registered for

the offences punishable under Sections 420 and 406 of the Indian

Penal Code, under Sections 4 and 5 of the Prize Chits and Money

Circulation Schemes (Banning) Act, 1978 and under Section 3 of

the Maharashtra Protection of Interest of Depositors (In Financial

Establishments) Act, 1999.

9. The applicants shall deposit the costs of Rs.10,000/- to

the High Court Bar Association, Nagpur on or before 21/04/2023.

We hereby made it clear that quashing of this FIR would not

preclude the police authority to register FIR if some other investors

come forward.

10. The matter be placed for compliance on 24/04/2023.

[BHARAT P. DESHPANDE, J.] [VINAY JOSHI, J.] Choulwar