Sau Mankavati Nivrutti Mali And ORS v. The State Of Maharashtra And ANR

1 / 4 WP/3927/2015 Tapadia RR/B.910

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 3927 OF 2015

1. Sau. Mankavati Nivrutti Mali;

2.Nivrutti Damu Mali;

3.Laxman Nivrutti Mali.

Petitioners.

Vs 1.The State of Maharashtra;

2.Suresh Tukaram Mali.

Respondents Mr. V.V.Purwant, Advocate for Petitioners.

Mrs. M.H.Mhatre, A.P.P. for Respondent no.1-State. Mr.Prashant Kable, Advocate for Respondent no.2. CORAM : RANJIT MORE & R.G.KETKAR,JJ.

DATE : 09th OCTOBER, 2015.

PC:

1.

Heard learned counsel and learned A.P.P. appearing for the respective parties.

2.

This petition is filed invoking the provisions of Article 226 of the Constitution of India read with provisions of Section 482 of the Code of Criminal Procedure, 1973 for quashing and setting aside the FIR, bearing C.R.No.326/2015 registered with Mohol Police Station, District-Solapur, against the petitioners at the instance of respondent No.2, for offences punishable under Sections 420,467, 468,471 read with 34 of the Indian Penal Code, 1860.

3.

Pending investigation, the parties settled their dispute amicably and pursuant to understanding arrived at between them, have approached this Court for quashing and setting aside the subject FIR by consent. Respondent no.2 has filed an affidavit dated

2 / 4 WP/3927/2015 3.10.2015. In paragraph 5, he has given no objection for quashing and setting aside the subject F.I.R against the petitioners. Respondent no.2 who is personally present in Court, confirms the contents of the affidavit and stated that whatever has been stated in the affidavit is true and correct, and on our specific query, he states that he has no objection if the subject FIR is quashed and set aside against the petitioners.

4.

It can, thus, be seen that the dispute was totally personal in nature, which has now been settled amicably. From perusal of the complaint, it transpires that the allegations are personal in nature. There is no element of public law involved in the case. In these circumstances and especially in view of law laid down by the Apex Court in the case of Narinder Singh and Ors. versus State of Punjab and Anr. 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. In that view of the matter and in the interests of justice, the subject FIR is required to be quashed and set aside. 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, Petition is allowed in terms of prayer clause (a).

3 / 4 WP/3927/2015 FIR bearing C.R.No.326/2015 registered with Mahol Police Station, District Solapur is quashed and set-aside against the petitioners subject to payment of costs of Rs.10,000/- by the petitioners. The petitioners shall deposit the costs with Kirtikar Law Library, High Court, Mumbai and thereafter produce the receipt thereof on the file of this petition within a period of two 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. (R.G.KETKAR, J.) (RANJIT MORE,J.)

4 / 4 WP/3927/2015 C E R T I F I C A T E Certified to be true and correct copy of the original signed order.