Bhimbahadur Mohan Singh v. The State Of Maharashtra And ANR

* 1/4 * 59-WP-15070-2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.5070 OF 2017 Bhimbahadur Mohan Singh ....Petitioner V/s.

The State of Maharashtra & Anr.

....Respondents Mr. Harshad M. Inamdar, Advocate for Petitioner. Mrs. A.S.Pai, APP for the Respondent No.1-State. Mr. Yogesh B. Dandekar, Advocate for Respondent No.2. ****** CORAM :- R.M.SAVANT & CORAM :- R.M.SAVANT & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE DATE :- 20TH FEBRUARY, 2018.

:- 20TH FEBRUARY, 2018.

P.C. :- P.C. :- The learned counsel for the Petitioner seeks leave to The learned counsel for the Petitioner seeks leave to amend so as to incorporate a prayer seeking for quashing of the amend so as to incorporate a prayer seeking for quashing of the charge-sheet. Leave granted. Amendment to be carried out charge-sheet. Leave granted. Amendment to be carried out forthwith.

forthwith.

The above Application has been filed for quashing of The above Application has been filed for quashing of the FIR being No.290 of 2012 registered on 24.11.2012 with the FIR being No.290 of 2012 registered on 24.11.2012 with Chembur Police Station for the offences punishable under Sections Chembur Police Station for the offences punishable under Sections 408, 420, 465, 467, 468 and 471 of the IPC. The said FIR has arisen 408, 420, 465, 467, 468 and 471 of the IPC. The said FIR has arisen on account of facts which have been mentioned therein. It is not on account of facts which have been mentioned therein. It is not necessary to dilate on the factual aspects in view of the fact that the necessary to dilate on the factual aspects in view of the fact that the

* 2/4 * 59-WP-15070-2017.doc parties are seeking quashing of the said FIR by consent. The parties are seeking quashing of the said FIR by consent. The Respondent No.2-Abhishek Suresh Asrani has filed an affidavit Respondent No.2-Abhishek Suresh Asrani has filed an affidavit bearing today's date, i.e., 20.2.2018 and also affirmed in this Court bearing today's date, i.e., 20.2.2018 and also affirmed in this Court today. In the context of the reliefs sought in the above Writ Petition, today. In the context of the reliefs sought in the above Writ Petition, paragraphs 2 and 3 of the said affidavit are material and are reparagraphs 2 and 3 of the said affidavit are material and are reproduced hereunder: produced hereunder:

"2 "2 I say that, in order to put an end to all disputes I say that, in order to put an end to all disputes between the parties, I am personally of the opinion, not to between the parties, I am personally of the opinion, not to proceed further in the matter. And in view thereof I am proceed further in the matter. And in view thereof I am consenting to quashing of the aforesaid complaint. consenting to quashing of the aforesaid complaint. I say that, it is agreed between us that, the I say that, it is agreed between us that, the Petitioner i.e. Accused in the aforesaid Petition will hand Petitioner i.e. Accused in the aforesaid Petition will hand over amount of Rs.10,00,000/- to me and in view thereof, over amount of Rs.10,00,000/- to me and in view thereof, this Hon'ble Court may further be pleased to quash the this Hon'ble Court may further be pleased to quash the charge-sheet against the present Petitioner.

charge-sheet against the present Petitioner.

Respondent No.2-Abhishek Suresh Asrani is personally Respondent No.2-Abhishek Suresh Asrani is personally present in Court. He is identified by the learned counsel Mr. Yogesh present in Court. He is identified by the learned counsel Mr. Yogesh B. Dandekar. He is also identified by his Adhar Card bearing B. Dandekar. He is also identified by his Adhar Card bearing No.8508 7430 3389. When put in the box and queried, he states that No.8508 7430 3389. When put in the box and queried, he states that he has read the affidavit, which is tendered by the learned counsel in he has read the affidavit, which is tendered by the learned counsel in the Court today. Contents of the said affidavit are acceptable to him the Court today.

Contents of the said affidavit are acceptable to him and he has signed the said affidavit on his own free will and volition and he has signed the said affidavit on his own free will and volition in view of the settlement arrived at between the parties. The in view of the settlement arrived at between the parties. The Petitioner- Bhimbahadur Mohan Singh is also personally present in Petitioner- Bhimbahadur Mohan Singh is also personally present in the Court. He is identified by the learned counsel Mr. Inamdar. He is the Court. He is identified by the learned counsel Mr. Inamdar.

* 3/4 * 59-WP-15070-2017.doc also identified by Adhar Card bearing No.6175 6747 2964. When also identified by Adhar Card bearing No.6175 6747 2964. When put in the box and queried, he reiterates what has been stated by the put in the box and queried, he reiterates what has been stated by the Respondent No.2 herein, i.e., on account of the settlement between Respondent No.2 herein, i.e., on account of the settlement between the parties, i.e, the Respondent No.2 does not desire to proceed with the parties, i.e, the Respondent No.2 does not desire to proceed with the FIR. Having regard to the affidavit filed by the Respondent No.2, the FIR. Having regard to the affidavit filed by the Respondent No.2, statements made by the Respondent No.2 and the Petitioner when statements made by the Respondent No.

2 and the Petitioner when put in the box and queried, the same unequivocally point out that put in the box and queried, the same unequivocally point out that the parties have arrived at an amicable settlement, aspects of which the parties have arrived at an amicable settlement, aspects of which have been referred in the affidavit filed by the Respondent No.2. have been referred in the affidavit filed by the Respondent No.2. Having regard to the judgment of the Apex Court in the Having regard to the judgment of the Apex Court in the case of case of Narinder Singh v. State of Punjab Narinder Singh v. State of Punjab reported in (2014) 6 SCC reported in (2014) 6 SCC 466, there is no impediment in quashing the proceedings though the 466, there is no impediment in quashing the proceedings though the offences alleged are non-compoundable.

Dictum of the Supreme offences alleged are non-compoundable. Dictum of the Supreme Court in Court in Gian Singh v. State of Punjab Gian Singh v. State of Punjab reported in reported in (2012) 10 SCC (2012) 10 SCC 303 would also lead to the same conclusion. No useful purpose would also lead to the same conclusion. No useful purpose would therefore be served by keeping the proceedings pendin would therefore be served by keeping the proceedings pending. g. The The Petition is required to be allowed and is accordingly allowed in terms Petition is required to be allowed and is accordingly allowed in terms of prayer clause (a).

of prayer clause (a).

The Petitioner to deposit costs of Rs.20,000/- with the The Petitioner to deposit costs of Rs.20,000/- with the Maharashtra Legal Aid Fund within six weeks from date. The Maharashtra Legal Aid Fund within six weeks from date. The Respondent No.2 to deposit the cost of Rs.10,000/- with the Kirtikar Respondent No.2 to deposit the cost of Rs.10,000/- with the Kirtikar

* 4/4 * 59-WP-15070-2017.doc Law Library within six weeks from date. Receipts to be obtained and Law Library within six weeks from date. Receipts to be obtained and filed in the Registry.

filed in the Registry.

Parties to act upon a copy of this order duly Parties to act upon a copy of this order duly authenticated.

authenticated.

(SANDEEP K. SHINDE, J.) (SANDEEP K. SHINDE, J.) (R.M.SAVANT, J.) (R.M.SAVANT, J.)