Allowed

Rishabh Ramesh Bharuka and Ors. v. the State of Maharashtra and Ors.

Bombay HC21 Sept 2013WP/2794/2013

Case brief

AI extract

What is this about?

The High Court quashed the criminal proceedings of FIR No.60/2013 alleging cheating and forgery between private parties. Based on the complainant's affidavit confirming an amicable settlement involving a monetary payment, the Court held that the dispute did not affect public interest and allowed the quashing of the case.

What did the court decide?

The criminal proceedings concerning FIR No.60/2013 of Robadi Police Station, Thane are quashed.

Rishabh Ramesh Bharuka and Ors. Vs the State of Maharashtra… — Quashing and FIR | Bombay HC (2013)

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kps

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO.2794 OF 2013

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Rishabh Ramesh Bharuka and others. ..Petitioners

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-Versus-

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The State of Maharashtra and others. ..Respondents

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...............

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Mr.Ghanshyam Upadhyay i/by Law Juris, for the Petitioners. Mrs.A.S.Pai, APP, for the Respondent/State. Ms.Pravina Kanani, for the Respondent No.3.

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...............

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CORAM : S. C. DHARMADHIKARI AND G.S. PATEL, JJ. Date : 21^st September 2013.

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P.C.:

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1 The Writ Petition is filed to quash the First Information Report No.60/2013 of Robadi Police Station, Thane alleging offences punishable under Sections 420, 406, 506-II, 504 r/w 34 of the Indian Penal Code. From record, it appears that this First Information Report has been registered on account of disputes between the parties in relation to purely commercial transaction.

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2 Now, the original Complainant has filed an affidavit and he is present in the Court. He confirms each of the statements and signature below this affidavit. The contents of the affidavit have been interpreted and explained to him in Hindi. He states that the commercial disputes

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wp.2794.13.51.cri.doc

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between private parties have been resolved amicably and as recorded in the consent terms annexed as Annexure-A to this affidavit. The Petitioner No.1 has agreed to pay to the original Complainant a sum of Rs.10 lacs and which sum the original Complainant has agreed to accept in full and final settlement of the claim of his wife. The Pay Order in that sum is already handed over to the original Complainant.

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3 The Petitioners are also present in the Court and each one of them have also perused the consent terms and this affidavit of the original Complainant.

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4 All parties confirm that they have voluntarily and without any pressure or force resolved their private commercial disputes. The First Information Report allegations do not affect larger interest of the society nor third party rights.

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5 In these circumstances the affidavit filed by the original Complainant is taken on record. In the light of the terms reduced into writing and which fully and completely record amicable settlement and the further affidavit filed by the original Complainant, we have no hesitation in quashing the criminal proceedings in exercise of our powers under Section 482 of the Code of Criminal Procedure, 1973.

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6 It is stated by the Complainant that this order will also conclude all proceedings and disputes pertaining to the investments of the wife and the wife as also the Complainant both have no further claims against the Petitioners.

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7 The Writ Petition is made absolute in terms of prayer clause (a), which reads thus:-

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“(a) that this Hon'ble Court may be pleased to issue a writ of certiorari/ prohibition and/or any other appropriate writ, order and/or direction in the

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wp.2794.13.51.cri.doc

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nature of writ of certiorari/ prohibition thereby calling for the record and proceeding concerning FIR in respect of C.R. No.I-60/2013 of Rabodi Police Station, Thane and after examining legality, validity and/or propriety of the impugned FIR, may be pleased to quash the same, in exercise of the extraordinary powers vested with this Hon'ble Court under Article 226 of the Constitution of India coupled with inherent powers under Section 482 of the Code of Criminal Procedure.”

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( G.S.PATEL, J.)

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(S. C. DHARMADHIKARI, J.)

Rishabh Ramesh Bharuka and Ors. v. the State of Maharashtra and Ors.

Case brief

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Rishabh Ramesh Bharuka and Ors. v. the State of Maharashtra and Ors.

Case brief

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What did the court decide?

What the court decided

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