Surendrakumar Sampatrai Surana v. The State Of Maharashtra And ANR

1 / 3 WP/4120/2015 Tapadia RR/B.911

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 4120 OF 2015 Mr.Surendrakumar Sampatrai Surana Petitioner.

Vs

1. The State of Maharashtra;

2. Saurabh Surendrakumar .. Respondents Surana Mr. J.G.Shetty, Advocate for the petitioner.

Mr.K.V.Saste, A.P.P for Respondent no.1-State. Mr.V.U.Shakoor Advocate for Respondent no.2. CORAM : RANJIT MORE & R.G.KETKAR,JJ.

DATE : 21st OCTOBER, 2015.

PC:

1.

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

2.

This petition is filed under 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 F.I.R, bearing C.R.No. 214/2015 registered with Khar Police Station against the petitioner at the instance of respondent No.2 for offences punishable under Sections 420,465,467,468, 471 of the Indian Penal Code, 1860.

3.

Pending investigation, the parties settled their dispute amicably and pursuant to the 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 12.10.2015. In paragraph 5, he has given no

2 / 3 WP/4120/2015 objection for quashing the subject FIR. 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 FIR is quashed and set aside against the petitioners.

4.

It can, thus, be seen that the dispute is of civil nature 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 bearing C.R.No.214 of 2015 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.

Petition is allowed in terms of prayer clause (i) subject to payment of costs of Rs.5,000/- by the petitioners to the "Kirtikar Law Library". The petitioner shall pay the said costs and produce

3 / 3 WP/4120/2015 the receipt thereof on the file of this Court within a period of two weeks from the date of receipt of this order, failing which, the criminal writ petition shall stand dismissed automatically without further reference to the Court.

7.

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

(R.G.KETKAR, J.) (RANJIT MORE,J.)