Samir Bharat Savla v. State Of Maharashtra And ANR

2023:BHC-AS:29794-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 3282 OF 2023 Samir Bharat Savla .....Petitioner Vs.

The State Of Maharashtra & Anr.

.....Respondents Mr. Karansingh Rajput a/w Mr. Naresh Chheda & Ms.Sakina Electricwala i/by Dhruve Liladhar & Co. for the Petitioner. Mr. Ajay Patil APP, for the Respondent-State. Adv. Sunny Punamiya i/by Adv. Tushar Momaiyah for the Respondent No.2. CORAM : A. S. GADKARI AND SHARMILA U. DESHMUKH, JJ.

DATE : 3rd OCTOBER, 2023.

P.C.:- 1) Petitioner, original accused has invoked jurisdiction of this Court under Article 226 of the Constitution of India and under Section 482 of the Code of Criminal Procedure, for quashing of C.R.No. 889 of 2022 dated 2nd December, 2022 registered with Chembur Police Station, Mumbai subsequently transferred for further investigation to E.O.W., Mumbai having renumbered C.R.No.158 of 2022 under Sections under Sections 420 and 406 r/w 34 of the Indian Penal Code, for quashing of the said crime with the consent of Respondent No.2, the informant. 2) Learned counsel for the Petitioner submitted that, the Petitioner and Respondent No.2 have settled their disputes and differences 1/4

amicably. That, in Commercial Suit No.194 of 2021 filed by the Respondent No.2, the parties herein have executed Consent Terms dated 23rd September, 2023 and in paragraph No.13.1 thereof, the Respondent No.2 has agreed to withdraw present crime filed against the Petitioner. He submitted that, in pursuance of the said Consent Terms, present Petition is filed.

3) Learned counsel for Respondent No.2 tendered across the bar his Affidavit dated 23rd September, 2023, duly affirmed before a Notary Public. Respondent No.2 has admitted the fact of execution of Consent Terms dated 23rd September, 2023 in the said Commercial Suit No.194 of 2021. In paragraph No.6 thereof he has given his consent for quashing of the crime in question.

3.1) Respondent No.2 is personally present in the Court and through his Advocate reiterates the contents of his Affidavit dated 23rd September, 2023 and his 'no objection' for quashing of the crime in question.

4) In view of the above, we are inclined to quash C.R.No. 889 of 2022 dated 2nd December, 2022 registered with Chembur Police Station, Mumbai subsequently transferred to E.O.W., Mumbai having renumbered as C.R.No.158 of 2022.

4.1) As we expressed our opinion for quashing of C.R.No. 889 of 2022 registered with Chembur Police Station, Mumbai subsequently 2/4

transferred to E.O.W., Mumbai having renumbered as C.R.No.158 of 2022, learned counsel for the Petitioner on instructions submitted that, the Petitioner will pay a cost of Rs.1,00,000/- to Central Police Welfare Fund within a period of two weeks from today. The said statement is accepted as an undertaking given to this Court.

4.2) We direct the Petitioner to pay a cost of Rs.1,00,000/- to Central Police Welfare Fund within a period of two weeks from the date of uploading of the present Order on the official website of Bombay High Court.

4.3) The details of the bank Account for payment of cost are as under:- Bank Name :- Axis Bank Limited.

Branch Name :- Worli, Mumbai (M.H.), Mumbai-400 025 Account Name :- Central Police Welfare Fund Account Number :- 914010029005759 IFSC Code :- UTIB0000060 4.4) Petitioner to deposit the said cost of Rs.1,00,000/- within stipulated period as noted above and submit the receipt of the same in the Registry of this Court.

5) In view of above, subject to payment of cost, Petition is allowed in terms of prayer clause (a).

6) It is made clear that, if the cost is not paid within stipulated 3/4

period as mentioned above, the Petition shall stand revived automatically and in that event, the police/Investigating Agency will proceed with investigation of the said case expeditiously. 7) List the Petition on 27th October, 2023 under caption 'for reporting compliance' of Order.

8) All the concerned to act on the basis of an authenticated copy of this Order.

(SHARMILA U. DESHMUKH, J.) (A.S. GADKARI, J.) 4/4