Allowed

Angad Kapish Saluja v. Naseer Nasim Shah and Ors.

Bombay HC16 Jul 2019APL/376/2019

Case brief

AI extract

What is this about?

The High Court allowed the criminal application to quash proceedings under IPC and MV Act. The parties had settled the dispute amicably, and the complainant consented. The court ordered the applicant to pay costs of Rs. 5000 to a charitable trust, with the application dismissed if the payment is not made within four weeks.

What did the court decide?

Quashing of criminal proceedings allowed subject to applicant paying costs of Rs. 5000 to Yashodhan Charitable Trust within four weeks.

Angad Kapish Saluja Vs Naseer Nasim… — Constitutional and Fundamental Rights | Bombay HC (2019)

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60.APL.376.19.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.376 OF 2019

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Angad Kapish Saluja …..Applicant versus Naseer Nasim Shah & Ors. …..Respondents

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Mr. S.H. Joshi, advocate for the applicant. Mr. Rajesh Gehani, advocate for respondent No.1 & 2. Mr. K.V. Saste, APP for the State.

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CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ. DATE : 16^th JULY, 2019.

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P. C. :

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Heard learned counsel and learned APP appearing for the respective parties.

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The criminal application is filed under Section 482 of the Code of Criminal Procedure, 1973, for quashing the proceedings of C.C.No.53/ PS/2017 pending on the file of learned Metropolitan Magistrate, 71^st Court at Bandra (East), Mumbai. The said case arises out of registration of FIR No.531 of 2016 with Santacruz Police Station, Mumbai, at the instance of respondent No.1, for the offences punishable under Sections 279, 338 and 427 of Indian Penal Code, 1860 and under Section 134(a), (b) of Motor Vehicles Act, 1988.

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Pending trial, the parties to the application settled their dispute amicably and, in pursuance of an understanding arrived at between them,

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AGP 1/3

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60.APL.376.19.doc

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filed the instant application for quashing the proceedings of the subject criminal case by consent. The Respondent No.1 – original complainant as well as Respondent No.2 injured person have filed separate affidavit dated 5^th April 2019. In paragraph 2 of their respective affidavits, they have given their no objection for quashing the proceedings of the subject criminal case. Both Respondent Nos.1 and 2 are personally present before the Court. On being questioned, they specifically stated that they have gone through the application and the affidavits as well and have fully understood the contents thereof. They further confirmed that they have given no objection for quashing the proceedings of the subject criminal case on their own free will and without there being any pressure or coercion.

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It can, thus, be seen that the matter has been amicably settled between the parties. From the perusal of complaint, it transpires that the allegations are totally personal in nature. In these circumstances, and especially, in view of the law laid down by the Apex Court in the case of Narinder Singh vs. State of Punjab [2014 AIR SCW 2065], we find that no purpose would be served by keeping the criminal proceedings pending except burdening the Criminal Courts which are already overburdened. However, at the same time, costs need to be saddled on the parties for using the police and judicial mechanism for settling their personal disputes.

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AGP 2/3

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60.APL.376.19.doc

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Accordingly, the application is allowed in terms of prayer clause (a) subject to payment of costs of Rs.5000/- by the applicant to the “Yashodhan Charitable Trust” ( having Registration No.1895/Satara, Maharashtra, Account No.60245873355 IFSC Code MAHB000305) an institution that takes care of mentally retarded and elderly people in the downtrodden society. The applicant shall pay the said costs and produce the receipt thereof on the file of this Court within a period of four weeks from today, failing which, the criminal application shall stand dismissed automatically without further reference to the Court and the order quashing the criminal proceedings shall be treated as non-est .

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Subject to above, the criminal application stands disposed off.

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[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.]

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AGP 3/3

Angad Kapish Saluja v. Naseer Nasim Shah and Ors.

Case brief

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Angad Kapish Saluja v. Naseer Nasim Shah and Ors.

Case brief

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