Jayant Maniklal Lunawat v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 233 OF 2020 Jayant Maniklal Lunawat ... Petitioner

Versus

1. The State of Maharashtra

2. Anand Umashankar Gupta

3. Amit U. Gupta

4. Uma U. Gupta

5. Amrit U. Gupta ... Respondents Mr. Niranjan S. Mundargi i/b Mr.Kunal D. Ambulkar, for the Petitioner.

Mr. K. V. Saste, APP for the Respondent No.1 - State. Mr. Pankaj Sutar a/w Mr. Priyank Daga i/b Jayakar & Partners, for the Respondent No.2.

CORAM : REVATI MOHITE DERE & PRITHVIRAJ K. CHAVAN, JJ.

DATE : 7th FEBRUARY, 2023.

P. C. :

At the outset, learned Counsel for the petitioner seeks leave to amend to implead the other partners as party respondent Nos. 3 to

5. Leave granted. Amendment to be carried out forthwith. REKHA PRAKASH PATIL Rekha Patil 1/6 by REKHA PRAKASH PATIL Date: 2023.02.16 16:23:20 +0530

Heard learned Counsel for the parties.

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. Pankaj Sutar waives notice on behalf of the respondent No.2.

By this Petition, preferred under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks quashing and setting aside of the FIR, bearing C.R.No. 607 of 2019, registered with the Chaturshringi Police Station, Pune, for the alleged offences punishable under Sections 406, 409 and 420 of the Indian Penal Code. Quashing is sought on the premise, that the parties have amicably settled their dispute.

Perused the papers. According to the respondent No.2, he was a partner alongwith the petitioner and the respondent Nos. 3 to 5, in a partnership firm, by the name 'M/s Aman and Anand Rekha Patil 2/6

Associates' ( now 'Shri Shri Gurudev Reality'). According to the respondent No.2, the petitioner purchased a piece land in the name of the partnership firm, by misusing his Power of Attorney and by executed a deed of conveyance in favour of the partnership firm, on the basis of the said Power of Attorney. Pursuant thereto, the respondent No.2 lodged the aforesaid FIR as against the petitioner alleging the aforesaid offences. Admittedly, charge-sheet has not been filed in the said C.R. till date.

In the interregnum, during the pendency of the investigation of the aforesaid C.R, the parties amicably settled their dispute and decided to put a quietus to the same. Admittedly, the petitioner and the respondent Nos. 2 to 5 are the partners of 'M/s Aman and Anand Associates'. (now 'Shri Shri Gurudev Reality'). Not only the respondent No.2, a partner of 'M/s Aman and Anand Associates' (now 'Shri Shri Gurudev Reality') but, all the other partners i.e. respondent Nos. 3 to 5 have also tendered their affidavit-in-replies through the learned Counsel appearing for the respondent No.2. The said affidavit-in-replies of the respondent Nos. 2 to 5 are taken on record. In all the affidavit-in-replies, the said respondents have Rekha Patil 3/6

given their no objection to the quashing of the said FIR, initiated at the behest of the respondent No.2, in view of the amicable settlement of the dispute between them.

The respondent Nos. 2 to 5 are present in person. On being questioned, they re-iterate what is stated by them in their affidavitin-replies. They have no objection to the quashing of the said FIR, initiated at the behest of the respondent No.2. Prima facie, having regard to the FIR, no offences as alleged under Sections 406, 409 and 420 of the IPC are made out, in the facts of the present case.

Be that as it may, the parties have amicably settled their dispute and have decided to put a quietus to the same. Learned Counsel for the respondent No.2 has identified not only the respondent No.2, but even the respondent Nos. 3 to 5, who are present in Court. Learned Counsel for the respondent No.2 has tendered photocopies of the Aadhar Cards of the respondent Nos. 2 to 5 duly attested by them. The same are taken on record and the originals Rekha Patil 4/6

are verified by the learned APP.

Considering the nature of dispute, the amicable settlement between the parties, the affidavit-in-replies of the respondent Nos.2 to 5 and having regard to the judicial pronouncements of the Apex Court in the case of Gian Singh vs. State of Punjab & Anr. 1 and Narinder Singh & Ors. vs. State of Punjab & Anr. 2, there is no impediment in allowing the Petition.

Accordingly, the Petition is allowed and the FIR, bearing C.R.No. 607 of 2019, registered with the Chaturshringi Police Station, Pune, as against the petitioner, is quashed and set aside. The petitioner to pay the costs of Rs. 25,000/- with Kokan Kala Va Shikshan Vikas Sanstha. Bank details are as under: Name of AccountKokan Kala Va Shikshan Vikas Sanstha Account No.

60129595245 Name of the BankBank of Maharashtra Branch Banda, Sawantwadi IFSC Code No.

MAHB0000068 1 (2012) 10 SCC 303 (2014) 6 SCC 466 Rekha Patil 5/6

The said costs to be deposited within three weeks from today. Rule is made absolute in the aforesaid terms. Petition is disposed of accordingly.

The above order is subject to costs being deposited as stated aforesaid.

List on 28th February, 2023, under the caption 'for compliance'.

All concerned to act on the authenticated copy of this order. PRITHVIRAJ K. CHAVAN, J.

REVATI MOHITE DERE, J.

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