Shekhar Kishore Singh Negi v. The State Of Maharashtra And ANR

Gokhale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 1628 OF 2024 Shekhar Kishore Singh Negi ..Applicant

Versus

The State of Maharashtra & Anr.

..Respondents __________ Ms. Pravada Raut for Applicant.

Mr. R. M. Pethe, APP for State/Respondent.

Mr. Yogesh Rawool a/w. Shailesh Redekar, for Respondent No.2. __________ CORAM : SARANG V. KOTWAL & DR. NEELA GOKHALE, JJ.

DATE : 4 DECEMBER 2024 PC :

1.

The present application is filed for quashing of the F.I.R. registered vide the C.R.No.186 of 2024 on 22.07.2024, at Mandvi police station, Vasai, under section 420 of the I.P.C. 2.

The F.I.R. is lodged by the Respondent No.2 herein. It is mentioned in the F.I.R. that, in the year 2010, the petitioner was developing a project by the name Naina Green City at village Kashid Kopar, Virar (E), Tal. Vasai, District Palghar. The Respondent No.2 was induced into buying a bungalow in that Digitally signed by VINOD BHASKAR GOKHALE Date:

2024.12.05 16:30:14 +0530 VINOD BHASKAR GOKHALE

project. According to the informant, the negotiation took place. It was decided that the Respondent No.2 would purchase that bungalow for Rs.30 lakhs. The F.I.R. then mentions various instances on which different amounts were paid by the informant. In all, he paid Rs.14 lakhs. But since 2010 to 2024 there was no progress in the construction of that particular bungalow. The informant realized that his amount was misappropriated and thereafter, he lodged this F.I.R. The investigation is still in progress. 3.

During the pendency of the investigation, the parties have settled their dispute. The informant/Respondent No.2 has filed his Affidavit giving his no objection for quashing of the F.I.R. He is present before the Court and is identified by his learned counsel. The informant reiterated the statements made in the affidavit and has stated before the Court that he has no objection for quashing the F.I.R.

4.

Considering that the dispute is purely personal in nature and the society at large is not involved, we are inclined to allow this application. However, since the police machinery was used in

this case and since the police had to put in efforts of registering the F.I.R. and investigating the offence, we are inclined to impose cost on the petitioner.

5.

Hence, the following order:

O R D E R

i) The F.I.R. registered vide the C.R.No.186 of 2024 on 22.07.2024, at Mandvi police station, Vasai, is quashed and set aside.

ii) The Petitioner shall pay cost of Rs.10000/- to the Central Police Welfare Fund within a period of four weeks from today.

1. Details of the bank account for payment of cost are as under:

Bank Name : Axis Bank Limited.

Branch Name : Worli, Mumbai (H.H.) Mumbai-400025 Account Name : Central Police Welfare Fund Account No.

: 914010029005759 IFSC Code : UTIB0000060

iii) If such cost is paid, there shall be no further reference to the Court. However, if the cost is not paid then the Registry shall list this matter for further consideration on 29.01.2025.

iv) The Application is disposed of.

(DR. NEELA GOKHALE, J.) (SARANG V. KOTWAL, J.)