Allowed

Vishal Ramdas Kale and Ors. v. the State of Maharashtra and Anr.

Bombay HC15 Mar 2021WP/1014/2021

Case brief

AI extract

What is this about?

The High Court allowed the writ petition quashing an FIR registered under various IPC sections for alleged rowdyism and theft. The court relied on a settled dispute and compromise deed, noting the remote chances of conviction, and directed petitioners to deposit Rs.80,000 as costs.

What did the court decide?

Quashing of FIR C.R. No.7/2021 under the condition that petitioners collectively deposit Rs.80,000 as costs.

Vishal Ramdas Kale and Ors. Vs the State of Maharashtra and… — Quashing and FIR | Bombay HC (2021)

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Laxmikant Digitally signed by Laxmikant G. G. Chandan Chandan Date: 2021.03.1518:16:33 +0530

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cri.wp-1014.21.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 1014 OF 2021

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`1]`	`Vishal Ramdas Kale, S/o Ramdas Kale`	`]`
	`Age – 30 years, occupation – Business`	`]`
	`R/o Sector No.16A, Nerul, Navi Mumbai` `Maharashtra, India`	`]` `]`
		`]`
`2]`	`Mohammad Asad Mohammad Ibrahim Ali`	`]`
	`Age – 45 years, Occupation – Business`	`]`
	`R/o B-Bless Building, B-Wing` `Room No.301, Plot No.4, Sector-9` `Ulve, Navi Mumbai`	`]` `]` `]`
		`]`
`3]`	`Sandeep @ Sunny Kartar Singh` `Age – 30 Years, Occupation – Business` `R/o Room No.203, Gangajal Apartment` `Plot No.114, Sector – 9, Ulve` `Panvel, Raigad.`	`]` `]` `]` `]` `]` `]`
`4]`	`Mr. Vasant Raja Ganeshan` `Age – 27 Years, Occupation – Real Estate,` `R/o. Room No.603, Plot No.27, Solitar Building` `6`^th`Floor, Sector – 21, Ulve, Panvel`	`]` `]` `]` `]` `]`
`5]`	`Mr. Acharya Rajgopal Natrajan` `Age – 40 Years, occupation-Service-Delivery boy` `R/o Janata Market, Gala No.5/6` `Plot No.25, Sector-9, Ulve, Panvel, Raigad`	`]` `]` `]` `]` `]`
`6]`	`Mr. Tanveer Yusuf Shaikh` `Age – 29 years, Occupation – Office boy/Service` `R/o. Room No.401, Plot No.66,` `Neelima Patil Apartment, Sector – 19` `Ulve, Panvel, Raigad`	`]` `]` `]` `]` `]` `]`
`7]`	`Smt. Pooja Raju Sharma`	`]`
	`Age – 36 years, Occupation – Business` `R/o. B/301, Third Floor, Plot No.4`	`]` `]`
	`Sector 9, Ulve, Navi Mumbai`	`]` `]`

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8]Mrs. Bhavna Sansiya @ Swati]
Age – 25 Years, occupation – Service ]
R/o. 306, Yamuna Villa C. H. S. Plot No.42]
43, Near New Talav, Sector 19,]…..Petitioners/
Koparkhairna, Navi Mumbai.] Original Accused
versus
1]The State of Maharashtra ]
Through – the Inspector in charge, Vashi Police]
Station, to be served through the Public]
Prosecutor, High Court, Mumbai]
]
2]Mr. Bharat Pawan Goyal]
Aged about 33 years,]
Occupation Business ]
Shop No.19, R J Corner ]
Sector No.17, Vashi,]
Navi Mumbai, Mumbai]….. Respondents.

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Mr. Vikram R Sutaria for the Petitioners.
Smt. A S Pai, APP for the Respondent No.1/State.
Ms. Keral Mehta for Respondent No.2.
Respondent No.2 present in Court.

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CORAM :S. S. SHINDE,
MANISH PITALE, JJ

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Reserved On:09th MARCH 2021
Pronounced on :15th MARCH 2021

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JUDGMENT (PER S. S. SHINDE, J)

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1Rule. Rule made returnable forthwith and heard with the consent

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of learned counsel appearing for the parties.

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2This Writ Petition has been filed by the Petitioners for the
following substantial relief :-

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“(a)That this Hon’ble Court be pleased to issue
appropriate writ, order and direction directing the
quashing of the FIR bearing C.R. No.7/2021 registered
with Vashi Police Station dated 8/01/2021 registered at
the instance of Respondent No.2 under the provision of
section 141, 143, 147, 149, 323, 504, 506, 427, 452, 392
of the Indian Penal Code, 1860 on such terms as this
Hon’ble Court may deem fit and proper.”

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3 The 2^nd Respondent herein has lodged FIR bearing C R No.7/2021 registered with Vashi Police Station, Navi Mumbai for the offences punishable under Sections 141, 143, 147, 149, 323, 504, 506, 427, 452 and 392 of the Indian Penal Code. It is submitted by the learned counsel appearing for the Petitioners that Respondent No.2 and his younger brother Hemant Goyal are running a business of tire selling since the year 2007 under the name “Agarwal Tires” at Shop No.19, Sector 17, Vashi, Navi Mumbai. Petitioner No.1 is the old friend of Respondent No.1. The Petitioners and Respondent No.2 know each other. It is the allegation of Respondent No.2 in the said FIR that Petitioner Nos. 1 and 2 went to shop of Respondent No.2 on 06/01/2021 at 20.30 pm and started abusing him. The younger brother of Respondent No.2 told the Petitioners to go out of the shop and not to insult him. Thereafter on 07/01/2021 the Petitioners came on the road outside the shop in White Veto Car Number (MH-46-BV-4444) and started gesturing towards the shop of Respondent No.2 and saying something. Then they left. Again at around 20.15 pm, Petitioner Nos.1, 2, 7 and 8 along with 12 to 15 persons came to the shop lgc 3 of 11

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of Respondent No.2 in a red car and started abusing and beating Respondent
No.2 with their fist blows. At that time he had Rs.3,70,000/- in his pocket
which was collected/borrowed from customer. The said amount was forcibly
taken away by Petitioner No.1 and his other accomplices. The said persons
also damaged the shop of Respondent No.2 by picking up rods, jacks rims. On
the basis of the aforesaid allegations, the 2nd Respondent, as stated herein
above, has lodged the said FIR against the Petitioners.

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4It is submitted that thereafter the Petitioners came to be arrested
and produced before the Ld. JMFC Court wherein the Respondent No.2 has
shown his willingness not to proceed with the matter. Thereafter the Petitioner
Nos.1 to 6 applied for bail and the Trial Court granted bail to the Petitioners.
Petitioner Nos.7 and 8 were not arrested, however, they have attended the
police station from time to time.

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5The learned counsel appearing for both the parties have submitted
that now both the parties have realized that there is no sense in quarreling and
therefore they entered into Compromise Deed on 13/02/2021 wherein the 2nd
Respondent has shown his willingness to settle and give consent for quashing
of the subject FIR and proceedings arising out of the said FIR. The copy of the
said Compromise Deed is placed on record.

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6With the able assistance of the learned counsel appearing for both
the parties, we have perused the recitals of the said Compromise Deed. The
said Compromise Deed has been signed by the Petitioners and the 2d
Respondent in the presence of two witness. It is a notarized document. The
Petitioners have been shown as the First Part and the 2nd Respondent has been
shown as the Second Part of the said Compromise Deed. The terms and
conditions as settled between the parties are mentioned in the said
Compromise Deed and the same are reproduced herein under :-

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(A)That the Second Part herein agree not to
pursue the FIR No.0007/2021 registered with Vashi
Police Station and further help the First Party in
quashing/withdrawing the criminal proceedings
against the First Party and all the others Co-
Accused.

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(B)That the Second Party shall submit the copy
of the present consent terms/deed of
settlement/Compromise Deed to Vashi Police
Station and intimate formally about his intention
not to pursue the case further.

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(C) That the Second Party undertakes to execute
all documents which shall be helpful in
quashing/withdrawing the criminal proceedings
before the relevant courts of law against the First
Party and all other accused named in the FIR.

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(D)That on the execution of the present deed, the
parties herein shall have absolutely no liabilities
against each other and all disputes shall be deemed
as settled between the parties to this deed.

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(E)That the Party to First Part has already paid
compensation to the satisfaction of the Party to First
Part towards damages, if any caused, to the
property during the alleged incident of the FIR.

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(F)That both the parties that the present MOU
has been executed without any coercion/undue
influence and the both parties are competent to the
enter into this MOU”.

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From the perusal of the said Compromise Deed it is revealed that the
Petitioners and Respondent No.2 have decided to settle the dispute elaborated
in impugned FIR.

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7The 2nd Respondent was present before this Court on 09/03/2021
when the matter was heard. He was identified by his advocate. He stated that
it is his voluntary act to settle the disputes and there is no coercion or undue
influence or force upon him for arriving at the said settlement. In support of
the said settlement, the 2nd Respondent has filed his affidavit in this Writ
Petition which is taken on record. The 2nd Respondent, in paragraph Nos.1 to 5

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of his affidavit, stated thus :-

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“1 I state that I am a First Informant and the FIR bearing C.R. No.7/2021 registered with Vashi Police Station, Navi Mumbi, for offences punishable u/ss. 141, 143, 147, 149, 323, 504, 506, 427, 452, 392 of the Indian Penal Code, 1860 lodged at my instnce.

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2 I state that however disputes between the Petitioners and myself have been settled and I have entered into consent terms with Petitioners dated 13/02/2021.

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3 I stated that without going into merits of the case, I have no objection if the subject FIR and proceedings thereon are quashed and set aside against the Petitioners.

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4 I stated that I have gone through the copy of the petition and I agree with the fact that the above stated dispute is amicably settled between the Petitioners and myself and I have entered into consent terms with the Petitioners.

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5 I have no objection if the proceedings arising out of FIR

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bearing C.R. No.7/2021 investigated by Vashi Police

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Station, Navi Mumbai, is quashed and set aside.”

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8The learned counsel appearing for both the parties submit that
both the parties have voluntarily agreed to settle the dispute and there is no
coercion, undue influence or force upon them for arriving at the settlement. It
is also submitted that both the parties have amicably resolved/settled the
dispute and decided to seek quashing of impugned FIR by this Writ Petition.
Both the parties have entered into the Compromise Deed. The 2nd Respondent
has also filed the affidavit in support of the said settlement.

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9Upon perusal of the Chargesheet it is revealed that Section 392
has been deleted. As a corollary there can not be a trial for the offence
punishable under Section 392 of the Indian Penal Code.

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10The Supreme Court in the case ofGiansingh v. State of Punjab
and Another1 has held that, the criminal cases having overwhelmingly and
predominatingly civil flavour stand on a different footing for the purposes of
quashing, particularly the offences arising from commercial, financial,
mercantile, civil, partnership or such like transactions or the offence arising out
of matrimony relating to dowry, etc. or the family disputes where the wrong is
basically private or personal in nature and the parties have resolves their entire

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1 2012 (10) SCC 303

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dispute. In this category of cases, the High Court may quash the criminal
proceedings if in its view, because of the compromise between the offender and
the victim, the possibility of conviction is remote and bleak and continuation of
the criminal case would put the accused to great oppression and prejudice and
extreme injustice would be caused to him by not quashing the criminal case
despite full and complete settlement and compromise with the victim. It is
further held that, as inherent power is of wide plenitude with no statutory
limitation but it has to be exercised in accord with the guideline engrafted in
such power viz.: (i) to secure the ends of justice, or (ii) to prevent abuse of the
process of any court.

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11In view of settlement arrived between the parties, no fruitful
purpose will be served by continuing the further investigation and proceedings
being FIR No.7 of 2021 registered with Vashi Police Station, Navi Mumbai on
08/01/2021 by the 2nd Respondent against the Petitioners for the offences
punishable under Sections, 141, 143, 147, 149, 323, 504, 506, 427, 452 and
392 of the Indian Penal Code.

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12In the light of discussion in foregoing paragraphs, it is abundantly
clear that Respondent No.2 is not going to support the allegations made
against the Petitioners in the impugned FIR, and further continuation of
investigation and proceedings in impugned FIR would tantamount to the abuse

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of the process of the Law/Court. Since the first informant i.e. the 2nd
Respondent is not going to support the allegations made in the FIR, the
chances of the conviction of the accused would be remote and bleak.

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13It is pertinent to note at this stage that though the parties have
resolved/settled their dispute between them and approached this Court for
quashing of the FIR lodged by the 2nd Respondent against the Petitioners, we
deem it appropriate to impose costs of Rs.80,000/- (Rupees Eight Thousand
only) collectively on the Petitioners i.e. each Petitioner shall individually
contribute Rs.10,000/- (Rupees Ten Thousand only). Accordingly we direct the
Petitioners to deposit costs of Rs.80,000/- (Rupees Eighty Thousand only) with
the Children’s Aid Society, Mumbai in the following manner. In turn the
Children’s Aid Society, Mumbai shall transfer the said costs for betterment of
the children to the New & Additional Children’s Home, Mankhurd, Mumbai.

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Name of Bank of Account : Children Aid Soc Donation
Bank Account No. :02370100005612
Bank Name : UCO Bank
Branch : Matunga Mumbai
IFS Code : UCBA0000237

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14For the reasons stated herein above, the Writ Petition is allowed in
terms of prayer clause (a), subject to all the Petitioners collectively depositing
Rs.80,000/- (Rupees Eighty Thousand only), which reads thus :-

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“(a)That this Hon’ble Court be pleased to issue
appropriate writ, order and direction directing the
quashing of the FIR bearing C.R. No.7/2021 registered
with Vashi Police Station dated 8/01/2021 registered at
the instance of Respondent No.2 under the provision of
section 141, 143, 147, 149, 323, 504, 506, 427, 452, 392
of the Indian Penal Code, 1860 on such terms as this
Hon’ble Court may deem fit and proper.”

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15Costs to be deposited by all the Petitioners within three weeks
from today. Payment of aforesaid costs is a condition precedence for allowing
this Writ Petition and this order will take effect after depositing the amount of
costs by the Petitioners.

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16Rule is made absolute to the above extent and the Criminal Writ
Petition stands disposed of accordingly. List the Petition on 07/04/2021 under
caption “For Compliance” of deposit of costs.

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[MANISH PITALE, J]

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[S. S. SHINDE , J]

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Vishal Ramdas Kale and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

Vishal Ramdas Kale and Ors. v. the State of Maharashtra and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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