Writ petition seeking quashal of FIR under Section 408 IPC. Court allowed petition as dispute between parties resolved amicably; continuing prosecution would serve no purpose.
FIR No. 872 of 2020 is quashed in its entirety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1259 OF 2021
Ashish Shah
...Petitioner
vs.
The State of Maharashtra
& Anr.
...Respondents
Mr.Chintan Y. Shah for petitioner.
Mr. Deepak Thakre, PP a/w. Mr. S.R. Shinde, APP for respondent No.1-State.
Mr.Navroz H. Seervai, Senior Advocate a/w. Mr.Ankit Lohia, Mr. Varun Nathani, Mr. Ranjit Shetty and Mr. Rahul Dev i/b Argus Partners for respondent No.2.
Mr.Ashish Shah-Petitioner present through VC.
Mr.Vishal Shah-Respondent No.2-present through VC.
CORAM : S. S. SHINDE & N. J. JAMADAR, JJ. DATE : JUNE 10, 2021 (THROUGH VIDEO CONFERENCE)
P.C.:
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Shraddha Talekar, PS
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Hence, the present petition.
“19 The Plaintiff states that with respect to the aforesaid Criminal Complaint against the Defendant Nos.2 to 4, the Plaintiff shall forthwith take steps to withdraw the same within a period of 5 weeks from the execution of the Consent Terms. The Plaintiff undertakes to participate in all or any legal proceedings that are necessary to immediately withdraw or compound or quash the aforesaid FIR No. 872/2020 and all or any other FIR FIR/Criminal Complaint/NC against the Defendant/s herein. The Plaintiff specifically undertakes and confirms to cooperate in any applications, affidavits and petitions to be filed in any court of law or police station or office of the Government to quash or set-aside or compound or withdraw the aforesaid FIR No.872/2020 and all or any other FIR FIR/Criminal Complaint/NC against the Defendant/s herein.”
affidavit. Paragraph 2 of the affidavit reads as under :
“2. It is true that Petitioner and myself being Respondent no.2 have amicably decided to settle the matter. The understanding arrived at between the
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Shraddha Talekar, PS
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parties and the rights and obligations have been documented in Consent Terms dated 6th November 2020 (“Consent Terms”) filed in Commercial IP Suit No. 5701 of 2020 before this Hon’ble Court. In view of the averments made in the captioned Writ Petition and the fact that the parties agree that the Consent Terms clauses are valid and binding, I have no objection if the F.I.R. No.872 of 2020 registered with Andheri Police Station is quashed in its entirety.”
the parties, the continuation of the prosecution may amount to a
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Shraddha Talekar, PS
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futile exercise and also an abuse of the process of law. Thus, we are
inclined to allow the petition. Hence, the following order :
O R D E R
The Petition stands allowed in terms of prayer clause (a).
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Shraddha Talekar, PS
2 issues framed by the court
Whether the High Court can quash FIR No. 872 of 2020 upon settlement of commercial dispute between parties.
Whether quashing the proceedings amounts to abuse of process given the amicable resolution.
2 provisions across 2 enactments
Ashish Shah
The State of Maharashtra
Vishal Shah
S. S. SHINDE
N. J. JAMADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
