Bimaljit Singh Ranbirsingh ... vs State Of Maharashtra And Anr
2023 Latest Caselaw 145 Bom

                                                                        75-4281-2022-WP=.doc
          Digitally
          signed by
          UDAY
UDAY      SHIVAJI      Uday S. Jagtap
SHIVAJI   JAGTAP
          Date:
JAGTAP    2023.01.09

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          15:46:37
          +0530


                                   CRIMINAL APPELLATE JURISDICTION

                                   CRIMINAL WRIT PETITION NO. 4281 OF 2022

                       Bimaljit Singh Ranbirsingh Grewal                .. Petitioner

                                Vs.

                       1. The State of Maharashtra

                       2. Rajkumar Babani                               .. Respondents

                                                    .....
                       Mr. Ashok Mishra a/w Mr. Shubham Mishra for the petitioner

                       Mrs. P.P. Shinde, APP for the respondent no.1 - State

                       Mr. Adwait Shukla for the respondent no.2
                                                      .....

                                           CORAM : REVATI MOHITE DERE &
                                                   ARIF S. DOCTOR, JJ.

DATED : 5th JANUARY, 2023.

P.C.

1. Heard learned Counsel for the parties.

2. Rule. Rule is made returnable forthwith, with the consent of

the parties and the petition is taken up for final disposal. Learned

A.P.P waives notice on behalf of the respondent no.1 - State and

learned Counsel Mr. Shukla waives notice on behalf of the

respondent No.2.

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3. By this petition, preferred under Article 226 of the

Constitution of India and under section 482 of the Code of

Criminal Procedure, the petitioner seeks quashing and setting aside

of the FIR registered vide C.R. No. 857 of 2022 with the Oshiwara

Police Station, Mumbai for the alleged offences punishable under

Sections 406, 420, 504, & 506 r/w 34 of the Indian Penal Code.

Quashing is sought on the premise, that the parties have amicably

settled their dispute.

4. Perused the papers. The dispute arises out of a purchase of a

flat, being Flat No.1-B/161 in Windmere Building, Off. New Link

Road, Andheri (W), Mumbai. The dispute was with respect to the

payment of consideration towards the said flat, as the petitioner had

failed to execute the Sale Deed. Pursuant thereto, the aforesaid

FIR was registered as against the petitioner, alleging the aforesaid

offences. Admittedly, charge-sheet has not been filed in the said

case till date.

5. In the interregnum, during the pendency of the investigation,

the parties settled their dispute and entered into consent terms.

The said consent terms dated 19.09.2022 are at page no.20 of the

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petition. One of the term and condition of the consent terms is,

that the parties withdraw the proceeding initiated as against each

other.

6. Learned Counsel for the respondent no.2 states that the

respondent no.2 has filed an affidavit dated 31.12.2022 duly

notorized before the Notary. In the said affidavit, the respondent

no.2 has stated that the dispute has been amicably settled between

the parties and as such, he has no objection to the quashing of the

FIR initiated at his behest.

7. The respondent no.2 is present in person. On being

questioned, he reiterates the contents of his affidavit. Learned

Counsel for the respondent no.2 has tendered a photocopy of the

Aadhar Card of the respondent no.2, duly attested by him. The

same is taken on record. Learned Counsel appearing for the

respondent No.2 has identified the respondent no.2 and the learned

A.P.P. has verified the original Aadhar Card of the respondent no.2.

8. Having regard to what is stated aforesaid, the amicable

settlement between the parties, respondent no. 2's affidavit and the

judgments of the Apex Court in the case of Gian Singh Vs. State of

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Punjab & Anr.1 and Narinder Singh & Ors. Vs. State of Punjab &

Anr.2 , there is no impediment in allowing the petition.

9. Accordingly, the petition is allowed and C.R. No.857 of 2022

registered with the Oshiwara Police Station, Mumbai is quashed and

set aside.

10. The petitioner to deposit Rs. 25,000/- with the Jeevan

Sandhya Mangalya Sansthan, bearing Account No. 60134381699,

IFCS No. MAHB0000189, as costs. The said costs to be deposited

within four weeks from today.

11. Rule is made absolute in the aforesaid terms. Petition is

disposed of accordingly.

12. Stand over to 7th February, 2023, for recording compliance of

the said deposit of costs.

13. All concerned to act on the authenticated copy of this order.

    [ARIF S. DOCTOR, J.]            [REVATI MOHITE DERE, J.]

1    (2012) 10 SCC 303
2    (2014) 6 SCC 466



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