Allowed

Sandesh Subash Pawar and Ors. v. the State of Maharashtra and Ors.

Bombay HC28 Nov 2016WP/4024/2016

Case brief

AI extract

What is this about?

High Court allowed a criminal writ petition seeking quashing of a complaint under IPC Sections 420, 406, 504, 506, and 345. The Court relied on Apex Court judgments Gian Singh and Narinder Singh, quashing the complaint due to the civil nature of the dispute, full settlement, and complainant's affidavit confirming non-objection and receipt of compensation.

What did the court decide?

Criminal writ petition allowed; criminal complaint registered with Mahatma Phule Police Station, Kalyan (C.R. No. I- 342/2015) quashed and disposed of.

Sandesh Subash Pawar and Ors. Vs the State of Maharashtra… — Cheque Dishonour | Bombay HC (2016)

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WP. 4024-16

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VPH

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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WRIT PETITION No. 4024 OF 2016

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Sandesh Subhash Pawar & Ors. … Petitioners Vs. The State of Maharashtra & Ors. … Respondents

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Mr. Nilesh R. Pandey, Sameer Vispute, Ms. Priyanka Shukla i/b Equal Juris, for the Petitioners.

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Mr. K. V. Saste, APP for the Respondent – State.

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Mr. Bipin Tiwari, for Respondent Nos. 2 to 4.

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CORAM : V. M. KANADE, & Ms. NUTAN D. SARDESSAI, JJ.

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DATE : NOVEMBER 28, 2016

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PC.

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This petition is filed for quashing of criminal complaint

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filed by Respondent No. 2 for the offences punishable under Section 420, 406, 504, 506, 345 of the I.P. Code registered vide C.R. No. I- 342/2015, with Mahatma Phule Police Station, Kalyan. The learned counsel appearing the Petitioners submits that the dispute essentially

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was of a civil nature, and now the parties have settled the dispute. Respondent No. 2 (complainant) has filed his affidavit stating therein that he has no objection if the complaint is quashed. Respondent

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No. 2 is present in the Court. He has stated that the Petitioner has

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WP. 4024-16

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agreed to pay a sum of Rs. 12 lakhs, and Petitioner No. 1 has already paid Rs. 2 lakhs in cash and further sum of Rs. 10 lakhs is paid by demand draft and he has received the entire amount. He has submitted that since the entire amount has been received by him, he does not wish to pursue the complaint. The other two witnesses, viz. Hemendra S. Dabade (Respondent No. 4) and Vijay Mahajan (Respondent No.3) have also filed their affidavit. They have also reiterated, whatever is stated by the complainant. They are also present in the Court. We have asked them whether they have any objection if the complainant is quashed, and they have answered in the negative.

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Taking into consideration the ratio of judgments of the Apex Court in the cases of - (i) Gian Singh, Appellant Vs. State of Punjab & Anr., Respodents [(2012) 10 SCC 303] ; and (ii) Narinder Singh & Ors., Appellants Vs. State of Punjab & Anr., Respondents [(2014) 6 SCC 466] , we have no hesitation in coming to the conclusion that ratio of these judgments will squarely apply to the facts of the present case. Criminal writ petition is, therefore, allowed in terms of prayer clause (a) and is accordingly disposed of.

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Sd/Sd/[Ms. NUTAN D. SARDESSAI, J.] [V. M. KANADE, J.]

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Vinayak Halemath

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Sandesh Subash Pawar and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Sandesh Subash Pawar and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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