Jyoti Uttamsingh Chavan v. The State Of Maharashtra And ANR

1 APL 650-17.doc-917

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.650 OF 2017 Jyoti Uttamsingh Chavan.

] ... Applicant

Versus

1. The State of Maharashtra, ]

2. Mr. Chandrahas Shamsundar Pingale.

] ... Respondents Mr. Subir Sarkar for Petitioner.

Ms. S. D. Shinde, APP for State.

Mr. Zeus Zend for Respondent No.2.

CORAM :- RANJIT MORE & SARANG V. KOTWAL, JJ.

DATE :- 12 JULY, 2017 P. C. :- 1.

Heard the learned Advocate for applicant, the learned Advocate for respondent no.2 and the learned APP. 2.

The Criminal Application is filed for quashing the FIR bearing C.R.No.464 of 2016 registered at the instance of the respondent no.2 with V. P. Road Police Station, Mumbai, for an offence punishable under Section 420 r/w 34 of the IPC. 3.

Pending investigation, the parties settled their dispute amicably and in pursuance of the understanding arrived at between

2 APL 650-17.doc-917 them, they have approached this Court for quashing and setting aside the subject FIR by consent.

4.

The respondent no.2 accordingly filed an affidavit dated 27/06/2017. In para 5, he has given no objection for quashing the subject FIR.

5.

The respondent no.2 is personally present in the Court. On specific query, he states that he has gone through the affidavit as well as the contents of the petition. In the above circumstances, he has no objection to quash the subject FIR. He has also stated that he has given no objection out of his free will and without any force or coercion.

6.

It can, thus, be seen that the matter has been amicably settled between the parties. From the perusal of complaint, it transpires that the allegations are totally personal in nature. In these circumstances, and especially in view of the law laid down by the Apex Court in the case of Narinder Singh Vs. State of Punjab1, we find that no purpose would be served by keeping the criminal proceedings pending except burdening the criminal Courts which are already overburdened. However, at the same time, costs need to be saddled on the parties for using the police and judicial mechanism for settling their personal disputes.

2014 AIR SCW 2065

3 APL 650-17.doc-917 7.

Accordingly, the Criminal Application is allowed in terms of prayer clause (a) subject to payment of costs of Rs.50,000/- (Rupees Fifty Thousand Only) to be deposited in the Tata Memorial Cancer Hospital. The applicant shall pay the said costs and produce the receipt thereof on the file of this Court within a period of four weeks from today, failing which the Criminal Application shall stand dismissed automatically without further reference to the Court. 8.

Subject to above, the Criminal Application stands disposed off.

(SARANG V. KOTWAL, J.) (RANJIT MORE, J.)