Allowed

Saniya Sayyadali Quadri v. State of Maharashtra and Anr.

Bombay HC19 Aug 2024WP/1653/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of criminal proceedings under Sections 420 and 409 IPC arising from an FIR over alleged misappropriation in diamond sales. The complainant gave no objection affidavits confirming the settlement; the court quashed the proceedings subject to payment of Rs. 40,000 to a welfare fund.

What did the court decide?

Quashing of criminal proceedings C.C.No.487/PW/2024 arising out of C.R.No.147/2022, subject to payment of Rs.40,000 cost to Armed Forces Battle Casualties Welfare Fund within two weeks.

Saniya Sayyadali Quadri vs State of Maharashtra and Anr. — Quashing and FIR | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CRIMINAL APPELLATE JURISDICTION

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CRIMINAL WRIT PETITION NO. 1653 OF 2024

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Saniya Sayyadali Quadri, Aged – 33 years, Occu: Business Residing at Plot No.71/1, Jamner Road, Swami Samarth Colony, Bhusawal, Jalgaon, Maharashtra – 425 201.

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…..Petitioner

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Vs.

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The State of Maharashtra, At the instance of BKC Police Station (C.R.No.147/2022), Notice to be served on the APP, High Court, Mumbai.

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Manojkumar Himmatbhai Ahmdabadi, Aged – 35 years, Occu: Business, Residing at B/12001, The Archade, Opp R City Mall, Ghatkopar (West), Mumbai.

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…..Respondents

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WITH

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CRIMINAL WRIT PETITION NO. 3560 OF 2024

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Nikunj Mukeshbhai Panchani, Aged – 27 years, Occu: Job, Residing at 19, Dwakesh Building, Lajawanti Chowk, Mondawala Chawl, District-Surat, State-Gujrat. …..Petitioner

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Vs.

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The State of Maharashtra, At the instance of BKC Police Station (C.R.No.147/2022), Notice to be served on the APP, High Court, Mumbai.

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Manojkumar Himmatbhai Ahmdabadi, Aged – 35 years, Occu: Business, Residing at B/12001, The Archade, Opp R City Mall, Ghatkopar (West), Mumbai. …..Respondents

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Mr. Sanjay R. Singh, for the Petitioners. Mr. S. A. Karmakar, APP for Respondent No.1-State. Mr. Siddharth Singh, i/b. Mr. Mintoo Gond, for Respondent No.2. PSI Ms. Sujata Yadav attached to BKC Police Station present.

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CORAM : A. S. GADKARI AND DR NEELA GOKHALE, JJ. DATE : 26^th AUGUST, 2024.

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P.C.:1) The Petitioners in both the Petitions seek quashing of criminal proceedings bearing C.C.No. 487/PW/2024 pending before the Metropolitan Magistrate, 71^st Court, Bandra, Mumbai arising out of C. R. No. 147 of 2022 dated 31^st March 2022 registered with Bandra-Kurla Complex Police Station, Mumbai for offences punishable under Sections 420, 409 read with 34 of the Indian Penal Code, 1860 (“I.P.C.’).

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The dispute between the Petitioners and Respondent No. 2 arose on account of allegations of misappropriation of funds on sale of diamonds by the Petitioners, leading to the filing of the impugned FIR.

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The parties have now decided to amicably resolve the dispute and settle the matter. The Respondent No.2 has filed two separate Affidavits dated 9^th May 2024 and 26^th August 2024 in the two Petitions respectively duly affirmed before the Assistant Registrar, Appellate Side of this Court. He has given his no objection to quash the criminal proceedings. He contends

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sns 8-9-wp-1653-3560-2024-J.doc

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that the FIR was filed as a result of misunderstanding between the parties which has now been cleared. Hence, he is not desirous of proceeding with the prosecution.

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Mr. Sanjay Singh learned Counsel appears for the Petitioners in both the Petitions and Mr. Siddharth Singh learned Counsel appears for the Respondent No.2. Mr. S.A.Karmakar, learned APP represents the State.

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The Respondent No.2 is present before the Court and through his counsel reiterates the statements made by him in the Affidavit. We accept his statements.

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In view thereof, we are inclined to quash criminal proceedings bearing C.C.No. 487/PW/2024 pending before the Metropolitan Magistrate, 71^st Court, Bandra, Mumbai arising out of C. R. No. 147 of 2022 dated 31^st March 2022 registered with Bandra-Kurla Complex Police Station, Mumbai for offences punishable under Sections 420, 409 read with 34 of the IPC.

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As we expressed our opinion for quashing of criminal proceedings bearing C.C.No. 487/PW/2024 pending before the Metropolitan Magistrate, 71^st Court, Bandra, Mumbai arising out of C. R. No. 147 of 2022 dated 31^st March 2022 registered with Bandra-Kurla Complex Police Station, Mumbai for offences punishable under Sections 420, 409 read with 34 of the IPC, learned Counsel for the Petitioners on instructions submitted that, the Petitioners will pay a cost of Rs.20,000/each totalling to Rs.40,000/- jointly or severally to the Armed Forces Battle

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sns 8-9-wp-1653-3560-2024-J.doc

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Casualties Welfare Fund within a period of two weeks from the date of uploading of the present Order on the official website of High Court of Bombay. The said statement is accepted as an undertaking to the Court.

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In view thereof, we direct Petitioners to pay the cost as noted herein above to the Armed Forces Battle Casualties Welfare Fund within a period of two weeks from the date of uploading of present Order on the official website of High Court of Bombay.

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8.1) Details of the bank account for payment of cost are as under :-

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Name of Fund	:- Armed Forces Battle Casualties Welfare Fund.
Bank Name	:- Canara Bank
Branch Name	:- South Block, Defence Headquarters,
	New Delhi-110011.
Account Number	:- 90552010165915
IFSC Code	:- CNRB0019055
Type of Acct	:- Saving

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1. Petitioners to deposit the said cost within stipulated period as

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noted above and submit receipts of the same in the Registry of this Court.

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In view of above and subject to payment of costs, Petitions are allowed in terms of prayer clause (a).

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It is made clear that, if the said costs are not paid within stipulated period by either of the parties as mentioned above, the Petitions shall stand revived automatically and in that event, the trial of the present case will be expedited.

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List the Petitions on board on 18th September 2024, under

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caption ‘for reporting compliance’ of present Order.

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(DR NEELA GOKHALE, J.)

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(A.S. GADKARI, J.)

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Digitally signed by SHAMBHAVI SHAMBHAVI NILESH NILESH SHIVGAN SHIVGAN Date: 2024.08.30 09:42:52 +0530

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Saniya Sayyadali Quadri v. State of Maharashtra and Anr.

Case brief

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What did the court decide?

Saniya Sayyadali Quadri v. State of Maharashtra and Anr.

Case brief

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