The High Court allowed a criminal application to quash an FIR regarding cheating against specific applicants after they settled their dispute with the complainant, finding continued proceedings would be an abuse of process.
The First Information Report was quashed and set aside against the present applicants.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 437 OF 2011
Arun Kumar Kejriwal & ors.
.. Applicants
Vs.
The Union Territory of Daman and Diu and ors.
.. Respondents
Ms. Ratna Bhargvan i/by R. Bhargavan and Associates for applicants. Mr. D. A. Nalawade for respondent nos.1 and 3. Mr. S. Malik a/w Darry P. Baretto, K.G. Singhania and Nishtha Malik i/by Singhania and Co. for respondent nos.4 and 5. Mr. Sachin R. Kadu for respondent no.7. Mr. H. J. Dedhia, APP for State.
CORAM: P. V. HARDAS & REVATI MOHITE DERE, JJ.
JULY 26, 2013.
P.C.
and 5 seek quashing of the First Information Report registered against them
and other accused on the basis of the report lodged by respondent no.4.
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Section 156 (3) of Cr.P.C. before the Chief Judicial Magistrate, Daman. Pursuant of the filing of the said application, necessary directions were issued by the learned Magistrate under Section 156 (3) of Cr.P.C. for registration of the offence. Pursuant thereto, an offence as stated above came to be reigstered against the applicants and other accused for offence punishable under Sections 420 and 120-B of IPC.
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Territory of Daman and Diu, by referring to the observations of the Supreme Court in Gyan Singh vs. State of Punjab [(2012) 10 SCC 303] has urged before us that by settlement of the dispute with the present applicants, the entire case does not come to an end in the present circumstances and in the light of the averments made against all the accused in the FIR, it would not be in the fitness of things to partly quash the FIR as against the present applicants.
the FIR qua the present applicants in the light of the settlement which is arrived at between the applicants and the 4th respondent. Since the dispute
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between them has been amicably settled, it would certainly be an abuse of process to continue further investigation and ultimately a trial against the present applicants.
set and set aside the FIR qua the present applicants. In these
circumstances, there shall be no order as to costs.
(REVATI MOHITE DERE,J.) (P. V. HARDAS,J.)
3 issues framed by the court
Whether the First Information Report can be quashed against specific applicants following a settlement with the informant.
Whether a settlement between the applicants and the informant precludes further investigation and trial against them.
Whether partially quashing an FIR against settled accused constitutes an abuse of process.
Colour shows how this judgement treated each authority
Gyan Singh vs. State of PunjabReferred¶25
Gyan Singh vs. State of Punjab [(2012) 10 SCC 303] · Who else cites this
1 provisions across 1 enactments
Arun Kumar Kejriwal & ors.
The Union Territory of Daman and Diu
Respondent no. 4
P. V. Hardas
Revati Mohite Dere
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
