Quashed

Vishwanath Shama Shetty and Anr. v. the Commissioner of Police and Ors.

Bombay HC4 Oct 2010WP/534/2010

Case brief

AI extract

What is this about?

The High Court in a criminal writ petition examined a plea to quash an FIR. The Court found that the dispute causing the criminal complaint had been amicably settled and the complainant desired withdrawal. Relying on Supreme Court precedents regarding abuse of process and personal nature of disputes, the Court exercised its power to quash the proceedings.

What did the court decide?

The C.R. No. I-3 of 2010 filed at Naupada Police Station and the proceedings relating thereto are hereby quashed.

Vishwanath Shama Shetty and Anr. Vs the Commissioner of… — Quashing and FIR | Bombay HC (2010)

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jdk

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 CRIMINAL APPELLATE JURISDICTION

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 CRI.W.P. NO. 534 OF 2010

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Vishwanath Shama Shetty & Ors.

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..Petitioners

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Vs.

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The Commissioner of Police Thane
& Ors.

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..Respondents

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Mr.Sudhir V.Sadavarte Adv. for petitioners
Mr.S.A.Shaikh APP for State

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CORAM : SMT.V.K.TAHILRAMANI, J.

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DATE : OCTOBER 04, 2010

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P.C.:

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1Heard the learned advocate for the petitioners and
the learned APP for the State.

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2The petitioners-original accused are seeking quashing
of CR No.I-3 of 2010 lodged against them by respondent no.5 at
Navpada police station, Thane. The said case is registered at
Naupada Police station and it is under Sections 324, 141, 143,
147, 149 and 341 and 506-II of IPC.

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3The learned advocate for the petitioners states that

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the dispute has been amicably settled between the petitioners
and the complainant and the complainant does not wish to
proceed any further. An affidavit has been filed by the
complainant -respondent no.5 in this Court wherein it is stated
that the matter is amicably settled between him and the
petitioners and he wishes to withdraw his complaint.
Complainant has also informed Naupada Police Station, Thane
that he does not wish to proceed with his complaint and he
wishes to withdraw the case. Copy of the affidavit has also
been given by him to the Navpada police station. The learned
APP on instructions states that the complainant has informed
the police station that he wishes to withdraw the complaint and
he does not wish to proceed any further. He has also informed
that copy of the affidavit has been given to the police.

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4In a decision of the Supreme Court in the case

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ofMadan Mohan Abbot Vs. State of Punjab, AIR 2008 SC 1969,
it isobserved as follows:

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"We need to emphasize that it is perhaps advisable
that in disputes where the question involved is of a
purely personal nature, the Court should ordinarily
accept the terms of the compromise even in criminal
proceedings as keeping the matter alive with no
possibility of a result in favour of the prosecution
is a luxury which the Courts, grossly ovberburdened
as they are, cannot afford and that the time so saved

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can be utilized in deciding more effective and
meaningful litigation. This is a common sense
approach to the matter based on ground of realities
and bereft of the technicalities of the law".

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5In a decision of the Supreme Court in the case of
State of Karnataka Vs. L. Muniswamy and Ors. reported in 1977
Cr.L.J. 1125the Supreme Court referred to Section 482 of the
Cr.P.C. and observed that in exercise of the wholesome power,
the High Court is entitled to quash a proceeding if it comes to
the conclusion that allowing the proceeding to continue would
be an abuse of the process of the Court or that the ends of
justice require that the proceeding ought to be quashed. The
Supreme Court further observed that this power is designed to
achieve a salutary public purpose which is that a court
proceeding ought not to be permitted to degenerate into a
weapon of harassment or persecution.

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6Thus, in view of the above decisions and in view of
amicable settlement between the parties, I am inclined to quash
the FIR and the proceedings relating thereto.

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7C.R.No. I-3 of 2010 of Naupada Police Station Thane
and the proceedings relating thereto, are quashed.

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9Petition disposed of.

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 [ SMT. V.K.TAHILRAMANI, J.]

Vishwanath Shama Shetty and Anr. v. the Commissioner of Police and Ors.

Case brief

What is this about?

What did the court decide?

Vishwanath Shama Shetty and Anr. v. the Commissioner of Police and Ors.

Case brief

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