Christopher Joseph Baur And ORS v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.277 OF 2025 Christopher Joseph Baur and Others ...Applicants

Versus

The State of Maharashtra and Another

...Respondents

SATISH RAMCHANDRA SANGAR ***** SATISH RAMCHANDRA SANGAR Date: 2025.03.29 09:57:43 +0530 Ms.Neha Rane i/b. Mr.Prasad Panchal-Advocate for Applicants. Smt.M.H.Mhatre - APP for Respondent No.1 - State. Mr.Jigar Agarwal - Advocate for Respondent No.2. ***** CORAM : SARANG V. KOTWAL & S.M.MODAK, JJ.

DATE : 27th MARCH 2025 P.C. :

1.

This is an Application for quashing of the F.I.R. registered at Charkop Police Station on 16th March 2024 vide C.R. No.157 of 2024 under Sections 406, 420, 504, 506(2) read with 34 of the Indian Penal Code, 1860 ("IPC"). The F.I.R. is lodged by the Respondent No.2.

2.

The Applicants are various officers of M/s.Ebaco India Private Limited. The Applicant No.1 is the C.E.O, the Applicant No.2 is the Sales Executive, the Applicant No.3 is also the Sales Executive and the Applicant No.4 was the M.D.

of the said company.

3.

The gist of the F.I.R is, that the informant worked with the said company between 2019 upto May-2020. After that, he was working as a Free-lancer. The Applicant No.2 Rohan Patil suggested him to work as a Free-lancer and that, he could get business for the company for which, he would be paid commission. The F.I.R. mentions that the Respondent No.2 / informant got two major orders for the Applicants' company from M/s.Raheja Universal Company. Those orders were in respect of sport infrastructure for Rs.59,06,000/- (Rupees Fifty Nine Lakh Six Thousand) and Rs.9,06,000/- (Rupees Nine Lakh Six Thousand). For bringing that business, the informant was promised commission of Rs.2,00,000/- (Rupees Two Lakh). But, he was paid only Rs.40,000/- (Rupees Forty Thousand). The Applicants avoided to make the balance payment of Rs.1,60,000/- (Rupees One Lakh Sixty Thousand). After that, there was correspondence between the parties and even, a legal notice and replies were exchanged. But, the Applicants did not make the payment and therefore, the F.I.R. is lodged. 4.

Now, the matter is settled between the parties. The Respondent No.2 is paid his dues to his satisfaction. The

Respondent No.2 has filed his Affidavit giving his specific "No objection" for quashing of these proceedings. The Affidavit mentions that he is paid Rs.1,92,000/- (Rupees One Lakh Ninety Two Thousand) and that, he has no objection for quashing of the proceedings.

He is present in the Court. He is identified by his learned counsel. He reiterated the contents of the Affidavit, and stated before the Court that he has "No objection" for quashing of the proceedings.

5.

The dispute between the parties was purely commercial and personal in nature. The society at large is not involved. Therefore, we are inclined to allow this Application. Hence, the following order:-

O R D E R

(i) The F.I.R. registered vide C.R. No.157 of 2024 with Charkop Police Station and the consequent proceedings arising out of it are quashed and set aside.

6.

With these observations, the Application is disposed of.

(S.M.MODAK, J.) (SARANG V. KOTWAL, J.)