Umesh Bansi Shinde v. The State Of Maharashtra

Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI WRIT PETITION NO. 4028 OF 2019 Umesh Bansi Shinde

...Petitioner

Versus

The State of Maharashtra & anr.

...Respondents

Mr. Kamlesh Badgujar, I/b Mr. R. P. Sawant, for the Petitioner.

Ms. Gulestan M. Dubhash, for Respodent no.2.

Mr. F. R. Shaikh, APP for the State/Respondent.

CORAM:

RANJIT MORE & N. J. JAMADAR, JJ DATED:

6th SEPTEMBER, 2019 PC:- 1.

Heard Mr. Badgujar, the learned Counsel for the petitioner and Mr. Dubhash, the learned Counsel for respondent no.2 and Mr. Shaikh, the learned APP for the State.

2.

The petition is filed under Article 226 of the Constitution of India and Section 482 of Criminal Procedure Code for quashing and setting aside the FIR being CR No.11 of 2019 registered with MRA Marg Police Station at the instance of respondent no.2 for the offences punishable under Sections 420 read with Section 34 of Indian Penal Code.

3.

Pending investigation, the parties to the petition 1/3

have settled their dispute amicably and, in pursuance of the Consent Terms (Exhibit 'B') dated 16th July, 2019, filed in Criminal Anticipatory Bail Application No.1147 of 2019 and an understanding arrived at between them, filed the instant petition for quashing the subject FIR by consent. The FIR was filed by respondent No.2. In pursuance of the settlement, Respondent no.2 has filed Affidavit, dated 2nd August, 2019. In the said Affidavit respondent no.2 has given no objection for quashing and setting-aside the subject FIR. Respondent No.2 is personally present before the Court. On being questioned, she specifically stated that she has gone through the petition and the affidavit as well and has fully understood the contents thereof. She further confirmed that she is giving no objection for quashing and setting aside the subject FIR on her own 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 the 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 2014 AIR (SCW) 2065 2/3

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 petition is allowed in terms of prayer Clause (a) subject to payment of costs of Rs.10,000/- by the petitioner to the "Yashodhan Charitable Trust" (having Registration No.1895/Satara, Maharashtra, Account No. 60245873355 IFSC Code MAHB000305), an institution that takes care of mentally retarded and elderly people in the downtrodden society. The petitioner 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 writ petition shall stand dismissed automatically without further reference to the Court and the order quashing the FIR shall be treated as non-est.

6.

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

[N. J. JAMADAR, J.] [RANJIT MORE, J.] 3/3