Abdul Wahid Abbas Nadariya And ORS v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.676 OF 2016 Mr. Abdul Wahid Abbas Nadariya and ors.

..Petitioners

Versus

The State of Maharashtra and ors.

..Respondents Mr. A. H. Ponda i/b. Mr. Milan Hebballi, advocate for the petitioners. Mrs. U. V. Kejriwal, APP for the State.

Mr. G. B. Kedia i/b. Mr. M. G. Agre, advocate for respondent Nos. 3 to 11. CORAM : RANJIT MORE & V. L. ACHLIYA, JJ.

DATE : 25th FEBRUARY, 2016.

P. C. :

Heard learned counsel and learned APP appearing for the respective parties.

2.

The petition is filed under Article 226 of the Constitution of India read with the provisions of Section 482 of the Code of Criminal Procedure, 1973, for quashing the FIR No.I-114/2015 and charge-sheet registered by Thane Nagar Police Station, at the instance of respondent No.2, for the offences punishable under Sections 420, 467, 468, 469 and 471 read with Section 34 of the Indian Penal Code, 1860. Shubhada S Kadam 1/3

3.

The said FIR was registered at the instance of respondent No.2 against the petitioners. Pending trial, the parties to the petition settled their dispute amicably and, in pursuance of an understanding arrived at between them, have approached this Court for quashing the subject FIR along with the charge-sheet by consent. Respondent No.2 has filed an affidavit dated 12th February, 2016 which is annexed at Exhibit -B, page 85. The injured witnesses viz. respondent Nos. 3 to 11 have also filed separate affidavits dated 22nd February, 2016. Respondent No.2 as well as the injured witnesses, in their respective affidavits, have given their no objection for quashing the subject FIR along with the charge-sheet. Respondent No.2 is personally present before the Court.

On being questioned, he specifically stated that he has gone through his affidavit and has fully understood the contents thereof and has no objection, if the subject FIR as well as the charge-sheet are quashed and set-aside. He also stated that he is giving no objection for quashing the subject FIR along with the charge-sheet out of free will and without there being any pressure or coercion. 4.

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 Shubhada S Kadam 2/3

Court in the case of Narinder Singh vs. State of Punjab [2014 AIR SCW 2065], 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. 5.

Accordingly, the FIR No.I-114/2015 and charge-sheet registered by Thane Nagar Police Station are quashed and set-aside subject to payment of costs of Rs. 50,000/ by the petitioners and Rs.25,000/- by respondent No.2 to "Naam Foundation " an NGO whose mission is to build sustainable & progressive society by facilitating development in rural areas by working on different issues like infrastructure, education, employment , food & so on. The parties shall pay the said costs and produce the receipts thereof on the file of this Court within a period of four weeks from today, failing which, the criminal writ petition shall stand dismissed automatically without further reference to the Court.

6.

Subject to above, the criminal writ petition stands disposed of.

[V. L. ACHLIYA, J.] [RANJIT MORE, J.] Shubhada S Kadam 3/3