Allowed

Chandresh Jhunjhunwala and Ors. v. the State of Maharashtra and Anr.

Bombay HC18 Nov 2016WP/3681/2016

Case brief

AI extract

What is this about?

This judgment allowed a writ petition for quashing an FIR registered for offences under the IPC arising from a civil dispute between business partners. The High Court, satisfied that the dispute was predominantly civil and resolved amicably by consent, exercised its discretion under Section 482 CrPC to quash the complaint.

What did the court decide?

Petition is allowed, and the FIR/Criminal Complaint is quashed by consent of parties.

Chandresh Jhunjhunwala and Ors. Vs the State of Maharashtra… — Quashing and FIR | Bombay HC (2016)

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WP 3681 OF 2016

Vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION No. 3681 OF 2016

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Chandresh Jhunjhunwala and Ors. ….Petitioners Vs. State of Mahraashtra and Anr. ….Respondents

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Mr. Parvez Memon i/b. MZM Legal for the Petitioners Mr. K.V. Saste -APP for Respondent No.1-State Mr. Vinay Bhanushali for Respondent No.2

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CORAM : V. M. KANADE &

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Ms. NUTAN D. SARDESSAI, JJ.

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DATE : NOVEMBER 18, 2016

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P.C. :

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Heard the learned counsel appearing on behalf of the Petitioners,

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the learned AGP for the State and the learned counsel for Respondent No. 2.

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The petition is filed for quashing of FIR which has been registered by the Vile Parle Police Station being C.R. No. 231 of 2016 on 4^th August, 2016 for the offences punishable under sections 354, 504, 506, 506 (II) and 34 of the Indian Penal Code against the Applicants by Respondent No.2 – Original Complainant.

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WP 3681 OF 2016

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The Complainant and the Applicants were the partners of a partnership firm. There were some disputes between the parties and there were some verbal altercations, which resulted into a complaint by filing FIR with the Vile Parle Police Station.

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The parties have now amicably settled the dispute and they have executed the consent terms, which are annexed at Exhibit 'C' to the petition. The consent terms are signed by the Applicants and the Complainant. Both the parties are present in the Court. We have interviewed the Complainant. She has stated that she has no objection if the complaint is quashed since the dispute has been amicably resolved and the partnership agreement dated 2.12.2012 has to remain in force.

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The Apex Court in catena of judgments and particularly in case of Narinder Singh & Ors. Vs. State of Punjab and Anr. [(2014) 6 SCC 466 has observed that if the dispute between the parties is of a civil nature, then the Trial Court can exercise its discretionary power and quash the complaint under section 482 of Cr.P.C.

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We are satisfied that the dispute in this case predominantly is of a civil nature and some altercations took place between the parties in their

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WP 3681 OF 2016

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house and thereafter, the complaint has been filed. We are, therefore, no hesitation to quash the complaint by consent in terms of prayer clause

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(a). Hence, writ petition is allowed and disposed of in the aforesaid terms.

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Ms. NUTAN D. SARDESSAI, J. V.M. KANADE, J.

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Vaishali Tikam

Chandresh Jhunjhunwala and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Chandresh Jhunjhunwala and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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