Allowed

Badruddin P. Hirani and Anr. v. Nanji Jivraj Karani and Anr.

Bombay HC9 Jul 2013APL/146/2013

Case brief

AI extract

What is this about?

The High Court quashed the proceedings in the instant criminal application by directing the parties to fulfill a compromise settlement involving payment of Rs. 16,00,000/-, withdrawal of a summary suit, and discharge of the applicants.

What did the court decide?

Quashed the complaint number 53/SW/2010 and discharged the applicants, subject to their fulfillment of the settlement terms including payment and withdrawal of the civil suit.

Badruddin P. Hirani and Anr. Vs Nanji Jivraj Karani and Anr. — Quashing and FIR | Bombay HC (2013)

¶1

apl146-13

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶3

rpa

¶4

CRIMINAL APPLICATION NO.146 OF 2013

¶5

Badruddin P. Hirani & Anr. .. Applicants Vs. Nanji Jivraj Karani & Anr. .. Respondents

¶6

Mr. Amit Desai, Senior Counsel a/w. Ms. Neeta Solanki i/b. M/s. Kiran Jain & Co., Advocate for the Applicants.

¶7

Mr. Sanjay Parab a/w. Mr. M. H. Ambre i/b. M/s. Parab & Associates, Advocate for Respondent No.1. Ms. V. S. Mhaispurkar, A.P.P. for Respondent No.2 – State.

¶8

CORAM : K. U. CHANDIWAL, J.

¶9

DATED : JULY 9, 2013.

¶10

P.C. :

¶11

Heard Mr. Desai, learned Senior Counsel for the

¶12

applicants and Mr. Parab, learned counsel for the respondents (original complainant). Several issues were addressed by both the learned counsel alternatively, Court suggested that, considering the nature of controversy, to resolve the dispute. Parties had deliberations.

¶13

2 The learned Senior Counsel and the learned counsel

¶14

for respondent (original complainant) submitted, the matter is

1/3

apl146-13

resolved as under:

(a) The applicants (original accused) shall jointly release an amount of Rs.16,00,000/- (Rs. Sixteen Lacs only) in favour of original complainant Shri Nanji Jivraj Karani up to 6^th September, 2013, by a Pay Order or Bankers Cheque without demur.

¶19

(b) The applicants (original accused) shall withdraw Summary Suit No.1902 of 2001 pending on the file of City Civil Court (now new number is given by the said Court).

¶20

(c) The respondents (original complainant) shall withdraw complaint No.53/SW/2010, pending on the file of learned Additional Chief Metropolitan Magistrate 18^th Court, Girgaum, Mumbai.

¶21

(d) In the light of above facts, the proceedings subject of present application i.e. complaint No.53/SW/2010, between the parties is quashed and

¶22

2/3

¶23

apl146-13

¶24

set aside. The applicants are discharged.

¶25

(e) If the amounts stated above is not paid or released, the applicants (original accused) shall face consequences including contempt of Court action.

¶26

(f) The applicants agree to deposit an amount of Rs.25,000/- (Rs. Twenty Five Thousand Only) with the High Court Legal Services Committee, Mumbai up to 8^th August, 2013.

¶27

(g) Criminal application allowed in above terms.

¶28

(K. U. CHANDIWAL, J.)

¶29

3/3

Badruddin P. Hirani and Anr. v. Nanji Jivraj Karani and Anr.

Case brief

What is this about?

What did the court decide?

Badruddin P. Hirani and Anr. v. Nanji Jivraj Karani and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Yuvraj Sudhakar Chumbalkar Vs the State of Maharashtra

Bapi Somnath Roy Vs the State of Maharashtra

Uttamdas Warluji Wankhede Vs Narayan Ramchandr Sorate and Anr.

Rajendra Kumar Kalicharan Varma Vs the State of Maharashtra and Ors.

Meherangiz M. Davar Vs the State of Maharashtra and Anr.

Sheroor Mohandas Shetty and Ors. Vs Bharat Mohanlal Suchak and Anr.