Manish Thakore And ANR v. State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2490 OF 2022 Mr. Manish Dinesh Thakore, Age 52 years, S/o. Late Dinesh Kanubhai Thakore, Occupation:Chief Financial Officer, Address:Daimler India Commercial Vehicles Pvt. Ltd., Kancheepuram District - 602 105.
Mr. Madan Gopal Bharadwaj, Age 40 years, S/o. Brigadier S. L. Narasimhan (Retd.), Occupation:Credit Head Retail Wholesale & Corporate Credit, At Daimler Financial Services Pvt. Ltd., Address:DFSI, E-3, MIDC Chakan, Phase III, Mr. Mangesh Kumar, Age 43 years, S/o. Shri. Ramesh Chandra, Occupation:Credit Manager, Address:DFSI, E-3, MIDC Chakan, Phase III, 4.
Mr. Ingo Krueger, Age 50 years, S/o. Uwe Krueger, Occupation:Wholetime Director, DFSI, Address:DFSI, E-3, MIDC Chakan, Phase III, .....Petitioners Vs.
The State of Maharashtra, Through Public Prosecutor, High Court, Bombay.
The Dy. Superintendent of Police, Attached to EOW, Pimpri Chinchwad Police Station, 1/8
Pune-411 057.
Gaurav Ghatge, Age 43 years, S/o. Shri. Mohan Ghatge, R/o. 304 10 Kastur Kunj Apartment, Akalni Bhosale Nagar, Pune.
.....Respondents WITH INTERIM APPLICATION NO. 3285 OF 2024 IN CRIMINAL WRIT PETITION NO. 2490 OF 2022 Mr. Manish Dinesh Thakore, Age 54 years, S/o. Late Dinesh Kanubhai Thakore, Occupation:Chief Financial Officer, Kancheepuram District-602 105.
Mr. Madan Gopal Bharadwaj, Age 42 years, S/o. Brigadier S. L. Narasimhan (Retd.), Occupation: Credit Head Retail Wholesale & Corporate Credit, At Daimler Financial Services Pvt. Ltd., Address:DFSI, E-3, MIDC Chakan, Phase III, Mr. Mangesh Kumar, Age 45 years, S/o. Shri. Ramesh Chandra, Occupation:Credit Manager, Address:DFSI, E-3, MIDC Chakan, Phase III, 4.
Mr. Ingo Krueger, Age 52 years, S/o. Uwe Krueger, Occupation:Wholetime Director, DFSI, Address:DFSI, E-3, MIDC Chakan, Phase III, .....Applicants 2/8
IN THE MATTER BETWEEN :
Mr. Manish Dinesh Thakore, Age 54 years, S/o. Late Dinesh Kanubhai Thakore, Occupation:Chief Financial Officer, Kancheepuram District-602 105.
Mr. Madan Gopal Bharadwaj, Age 42 years, S/o. Brigadier S. L. Narasimhan (Retd.), Occupation:Credit Head Retail Wholesale & Corporate Credit, At Daimler Financial Services Pvt. Ltd., Address:DFSI, E-3, MIDC Chakan, Phase III, Mr. Mangesh Kumar, Age 45 years, S/o. Shri. Ramesh Chandra, Occupation:Credit Manager, Address:DFSI, E-3, MIDC Chakan, Phase III, 4.
Mr. Ingo Krueger, Age 52 years, S/o. Uwe Krueger, Occupation:Wholetime Director, DFSI, Address:DFSI, E-3, MIDC Chakan, Phase III, .....Petitioners Vs.
The State of Maharashtra, Through Public Prosecutor, High Court, Bombay.
The Dy. Superintendent of Police, Attached to EOW, Pimpri Chinchwad Police Station, Pune-411 057.
Gaurav Ghatge, Age 43 years, S/o. Shri. Mohan Ghatge, 3/8
R/o. 304 10 Kastur Kunj Apartment, Akalni Bhosale Nagar, Pune.
.....Respondents WITH INTERIM APPLICATION NO. 2628 OF 2022 IN CRIMINAL WRIT PETITION NO. 2490 OF 2022 Mr. Madan Gopal Bhardwaj, Age 40 years, Occupation:Credit Head Retail Wholesale & Corporate Credit, Working at : Daimler Financial Services Pvt. Ltd., E-3, MIDC Chakan, Phase III, .....Applicant
IN THE MATTER BETWEEN :
Manish Dinesh Thakore, Age 52 years, Occupation:Service, Daimler India Commercial Vehicles Pvt. Ltd., Kancheepuram District-602 105.
Mangesh Kumar, Age 42 years, Occupation:Service, Daimler Financial Services Pvt. Ltd., E-3, MIDC Chakan, Phase III, Ingo Krueger, Age 50 years, Occupation:Business, Daimler Financial Services Pvt. Ltd., E-3, MIDC Chakan, Phase III, .....Petitioners Vs.
The State of Maharashtra, Through Public Prosecutor, High Court, 4/8
Bombay.
The Dy. Superintendent of Police, Attached to EOW, Pimpri Chinchwad Police Station, Pune-411 057.
Gaurav Ghatge, Age 43 years, S/o. Shri. Mohan Ghatge, R/o. 304 10 Kastur Kunj Apartment, Akalni Bhosale Nagar, Pune.
.....Respondents Mr. Anshuman Sinha a/w Mr. Vijaykumar Pandey, Mr. Hasnain Kazi, Mr. Shekhar Jagtap, Ms. Shraddha Vavhal & Ms. Pragya Sharma for the Petitioners.
Smt. Madhavi H. Mhatre, A.P.P. for the Respondent-State. Mr. Sachin Pawar for Respondent No. 3 in all the matters. CORAM : A. S. GADKARI AND DR. NEELA GOKHALE, JJ.
DATE : 30th SEPTEMBER 2024.
ORDER ( Per Dr. Neela Gokhale, J ) :- 1) The Petitioners seek to quash and set aside FIR bearing C. R. No. 261 of 2022 dated 5th April 2022 registered with the Wakad Police Station, District Pimpri-Chinchwad, Pune for the offences punishable under Sections 420, 467, 468 & 471 read with 34 of the Indian Penal Code. 2) The dispute arose out of loan transactions by and between the parties leading to registration of the impugned FIR. The parties were referred to mediation and Justice Shri. S. J. Kathawala, learned Retired Judge of this Court was requested to mediate between the parties. 3) Mr. Anshuman Sinha, learned counsel appears for the Petitioners and Smt. Madhavi Mhatre, learned A.P.P. represents the State. 5/8
Mr. Sachin Pawar, learned counsel appears for the Respondent No. 3 in main Petition.
4) Learned counsels of parties state that, considering the decision of the parties to resolve their dispute by amicable settlement arrived at with the assistance of learned Mediator, Respondent No. 3 has filed his consent Affidavit dated 21st September 2024, duly affirmed before a Notary Public. In paragraph No. 6 thereof, the Respondent No. 3 has given his consent to quash and set aside the present criminal proceedings. 5) Though the Respondent No. 3 was not present in the Court, his counsel on instructions reiterated the statements made in the consent Affidavit. Mr. Sinha states that, till date the chargesheet is not filed. We accept the statements.
6) Considering the facts in the present case and the consent Affidavit of Respondent No. 3, we are inclined to quash set aside criminal proceeding bearing C. R. No. 261 of 2022 dated 5th April 2022 registered with the Wakad Police Station, District Pimpri-Chinchwad, Pune. 7) As we expressed our opinion for quashing of said C. R. No. 261 of 2022 dated 5th April 2022 registered with the Wakad Police Station, District Pimpri-Chinchwad, Pune, Mr. Sinha, learned counsel for the Petitioners on instructions submitted that, the Petitioners will pay a cost of Rs. 1,00,000/- (Rupees One Lakh Only), jointly, to the Armed Forces Battle Casualties Welfare Fund, within a period of two weeks from the date of 6/8
uploading of present Order on the official website of Bombay High Court. The said statement is accepted as an undertaking given to this Court. 8) As the Respondent No. 3 is successful in bringing the Petitioners for settlement by lodgment of the present crime, learned counsel for the Respondent No. 3 on instructions submitted that, Respondent No. 3 will also pay a cost of Rs. 75,000/- (Rupees Seventy-five Thousand Only) to the Armed Forces Battle Casualties Welfare Fund, within a period of two weeks from the date of uploading of present Order on the official website of Bombay High Court. The said statement is accepted as an undertaking given to this Court.
9) We therefore direct the Petitioners to pay a cost of Rs. 1,00,000/- (Rupees One Lakh Only), jointly, and the Respondent No. 3 to pay a cost of Rs. 75,000/- (Rupees Seventy-five Thousand Only) to the Armed Forces Battle Casualties Welfare Fund, within a period of two weeks from the date of uploading of present Order on the official website of Bombay High Court.
9.1) The details of the Bank Account for payment of cost are as under :- Bank Name :- Canara Bank Branch Name :- South Block, Defence Headquarters, New Delhi - 110 011 Account Name :- Armed Forces Battle Casualties Welfare Fund 7/8
Account Number :- 90552010165915 IFSC Code :- CNRB0019055 9.2) Petitioners and Respondent No. 3 to deposit the said cost of Rs. 1,00,000/- (Rupees One Lakh Only), jointly, and Rs. 75,000/- (Rupees Seventy-five Thousand Only) respectively within stipulated period as noted above and submit receipt of the same in the Registry of this Court. 10) In view of the above and subject to payment of cost by the Petitioners and Respondent No. 3, Petition is allowed in terms of prayer clause (a).
11) In view of disposal of the Petition, Applications do not survive and are accordingly disposed off.
12) It is made clear that, if the cost is not paid within stipulated period as mentioned above by either of the parties, the Petition shall stand revived automatically and in that event, the Investigating Officer will complete the investigation of the present crime expeditiously. 13) List the matter on board on 21st October 2024 under caption 'For Reporting Compliance' of present Order.
(DR. NEELA GOKHALE, J.) (A. S. GADKARI, J.) by GITALAXMI KRISHNA KOTAWADEKAR Date:
2024.10.03 11:22:21 +0530 GITALAXMI KRISHNA KOTAWADEKAR 8/8