Allowed

Bhavin Kirtikumar Mehta v. The State of Telangana

Telangana HC9 Dec 2020CRLP/5921/2020

Case brief

AI extract

What is this about?

In a criminal petition under Section 482 Cr.P.C., the High Court quashed proceedings in FIR No. 73 of 2020 for cheating (Section 420 IPC) after recording a joint compromise between the accused and the de facto complainant and noting that the dispute was settled amicably outside court.

What did the court decide?

Joint Memorandum of Compromise dated 03.11.2020 recorded; I.A. Nos. 1 and 2 allowed; Criminal Petition allowed and proceedings in FIR No. 73 of 2020 quashed.

Bhavin Kirtikumar Mehta Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2020)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

¶2

AT HYDERABAD

¶3

WEDNESDAY, THE NINTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE T.VINOD KUMAR

¶6

CRIMINAL PETITION NO: 5921 oF 2020

¶7

Between:

¶8

Bhavin Kirtikumar ltrlehta,

¶9

Atul Manharlal Chokshi,

¶10

Nayan Kunvarji Thakkar,

¶11

Kunal Satishbhai Shah,

¶12

.,,PETITIONERS/ACCUSED NO.1 TO 4

¶13

AND

¶14

The State of Telangana, rep. by its Public Prosecutor, High Court of Telangana

¶15

DVS Prakash Rao,

¶16

...RESPONDENTS/ DEFACTO COMPLAINANT

¶17

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the proceedings in FIR No.73 of 2020 ol Central Crime Station (C.C.S), Hyderabad.

¶18

l.A. NO: 1 OF 2020

¶19

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be^pleased to^permit the Respondent Nos.2 to 5 herein to compound the offence in FIR No.73 of 2020 registered by the Central Crime Station (C.C.S), Hyderabad for the offence U/Sec. 420 IPC in view of the settlement of disputes between the^parties outside the Court.

¶20

l.A. NO: 2OF 2020

¶21

Petition under Section 320(2) R/w. 482 ot Cr.P.C^praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be^pleased to record the compromise between the^parties for offence under Sec. 420 IPC in FIR No.73 of 2020 registered by the Central^{Crime Station} [CCS],^{Hyderabad and to quash}

¶22

This Petition coming on for hearing, upon^perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri^V.ANEESH, Advocate for the Petitioners and of the Public Prosecutor on behalf of the Respondent No.1 .

¶23

The Court made the following: ORDER

¶24

THE HON'BLE SRI JUSTICE T, VINOD KUMAR

¶25

Criminal Petition No.5921 of 2O2O

¶26

ORDER

¶27

'l'hc prcscnt. Crrrlinal I)etition is filed under Section 482 of Cr.P.C. by thc^pe tition c rs / accuscd No. 1 to 4 sccking to^quash the Climc No.73 of 2O2O oi'Central Crime Station, flydcrabad, lor rhe ot'li:r-rc:c punishable nndcr Section 42O IPC.

¶28

l)uring pendency of the prescnt criminal petition, the parties havc compromised the matter and accordingly, the respondent No.:Z / de^j'acto complainant has filed lA Nos.1 and 2 of 2O2O s('irking pcrnrission oi this court [o r:ompromise the matter and to compound thc a lleged oflence.

¶29

:i. This Court b-u" its order dated 25.1 1 .2O2O after recorc.ling the sLrbmrssir,rr-rs rnadr: [x' lhc ]carnr:d counscl lor thc pc-t.itioncrs as u,ell as second respondent/ de Jacto complarnanr direc:ted thc l);rrties^{to appcar bclorr: the Rcgistrar(.Irrdiciz-rl-l)ol this Cor,rrt lbr} thcli- idcrtlil'ic:iliort :rn<l l.riso dirct:lcd t.hr: Ilcgistrar (.luc1i<:ial-l) t.o srrbniit a rcport by 02.l'2.2O2O. In compliancc ol thc said direction i.l1' this Court, the Rcgistrar (Judicial-l) has subrnittcd his repori rlirti:r,1 ll(J. I l .:1020.

¶30

ln thr: rcport submittcd by rhc llcgisrrar (Juriicial-l), datcd 30. 11.2O2O, it is stated that on oral cxaminat'on, th(' 2"d rcspor)dcnt tras statcd that he has liled a complaint agarnst thc pctitiont:rs ancl thc srrrnr: has bcen rcgisLcrcc.l as Crimc No.7lJ of 2O2O <t{ Central Criinc Station, I-lvderabad, for thc offence punrshablc urrder Section 42O [])C and that. no$, hc I'izrs ilpl)r'oa( ho(l rhis Clcurt 1or rccorclirrg. Ihc co:-npromisc.

¶31

¶32

The parties herein havc filed a Joint Mcmo ol Compromisc, dzrted 03. 11.2020.^'I'he said Joint Memo of Compromisc datcci 03.1f .2020 and the report of liegistrar (Judicial-l) d:rLed 30. I 1.2020 are placed on thc rccord of this Cor-rrt.

¶33

ln vieu' ol thc said report and in vicrv of thc compron-rist: c:ntered bctwcen the petitioners and the 2n'l respondent, LA.Nos.¹ and 2 of 2O2O arc allorvcd. Consequentll', the Crimir-ral l)ctitlon is aliorved and the proct:cdings in Crimr: No.73 ol 2O2O of Ccntrarl Crime Station, l{yderabad, are hereby quashed. Misccllancous pctitions, if any, pending in this criminal petition shall st:and closed.

¶34

d/-N,CHANDRASEKHAR^RAO ASSISTANT^RE RAR //TRUE COPY'

¶35

SECTI N OFFICER

¶36

To 1. The Station House Officer, Central Crime Station, (C C- S:)' H-yderabad

¶37

i. r*o c.l t" the^{public prosecutor, High courtfor the stateof Telangana,} Hvderabad^(OUT)

¶38

Oire CC to Sri^{V.Aneesh, Advocate(OPUC)} -

¶39

+. One CC to Sri^{SathakarniK., Advocate (OPUC)}

¶40

Two CD Copies

¶41

(along with^joint memo)

Kj.

HIGH COURT

DATED:09/1212020

ORDER

CRLP.No.5921^{oi 2020}

¶47

;-.
T H E
\JI
3" IBDECZWO ((.f

l C3

¶48

ALLOWING^{THE PETITION.}

¶49

')p

¶50

MEMORANDUM OF COMPROMISE PETITION

¶51

(Filed Under Sec. 320 & Sec. 482 of Cr.P,C)

¶52

IN TI{E HON'BLE HIGTI COURT OF TELANGANA AT HYDERABAD

¶53

Crl.P NO of202O

¶54

Between:

¶55

8.os-c I Bhavin Kirtikumar Mehta SIRIAL 1,10, : A;A,fi, ?0.20 Aged 39 years, Residing at H-10, Revati Towers, Bh. Courryard Marriot, Satellite, Ahnredabad: 380015 Guiarat OJNES . VAGHAS rA I.IOTARY

¶56

) Atul Manharlal Chokshi Male, Aged 65 years, Residing at S1102, Iscon Platinum, SP Ring Rdad, Bopal, Ahmedabad: 380058 Gujarat

¶57

GOVI, OF INDIA

¶58

3 NOV^ZUIU

¶59

3 NayanKunvarji Thakkar Male, Aged 48 years, Residing at 27 Sentossa Park, AmbliBopal Road, Bopat, Ahmedabad: 380058 Grrjarat

¶60

4 Kunal Satishbhai Shah Male, Aged 39 years, Residing at E 703, SafalParivesh, Satellite,Ahmedabad: 380015 Gr.rjarat.

¶61

... Petition ers/Accused No: 1 to 4

¶62

And

¶63

1 The Sute of Telangana, rep. by its Public Prosecutor,

¶64

High Court ofTelangana

¶65

2 DVS Prakash Rao,

¶66

Age: Major, Occ: Director,

¶67

M/s Spacenet Enterprise India Limited

¶68

Residing at H. No. 6-3-787, Ameerpet, Ilyderabad Telangana.

¶69

,. Responclents/De-Facto Cornplainant

¶70

IOINT MEMO OF COMPROMISE FILED BY-II{E@

¶71

TO 4) ANp rHE RESPONpENT NO. 2 (pE-FACTO COMPLAINANT)

) 3*P

at$"

o' .\

1 It is subrnitted thaton the basis ol'a coniplaitttlodged by the Respondeq No. 2, an FIR was registered bearing the Flll No. 73 of2020 U/Sec. 420 ol the IPC by the Central Crime Station (C.C.S), at Hyderabacl.

¶77

2 It is submitted that the Petitioners and the Respondent No. 2-Defacto-' Cornplainant have entered in to settlement talks pursuant to registration of the FIR and together, conrpronrised amicably by entering into Memorandunr of Understanding. It is sublnitted that in view of the compromise the Petitioner - De Facto Courplainant has no iuterest to proceed with the case.

¶78

It is submitted that the Accused have filed the above Crinrinal Petition to quash the Fll{ No. 7 3 of 2020 of Central Crime Station (C.C.S). In view of the compromise entered in to by the parties, the necessary parties are preferring this instant application before this Hon'ble Court fbr quashing ofthe proceedings in FIR No 73 of2020 pending on the file of Central Crime Station (C.C.S), Hyderabad, since the disputes has been se[tled outside the court.

¶79

lt is further submitted that in order to meet the ends of justice the offences may be pleased be compound the alleged offence U/Sec 420 of the IPC in view of the guidelines issued in AnithaMartia Dias vs State of Maltarastra reported in 20lB(3) SCC 290,in view of the fact that the parties have amicably settled their disputes and the Cornplainant has no objection to the compounding of the offence.lt is further subnritted that the alleged ot'fence do not aff'ect the public peace. Hence the proceedings on account of compromise would bring about peace and would secure the ends of justice.

¶80

llence the Petitioners and tlte Respondent No. 2 hereby pray that this

¶81

Hon'ble Court may be pleased to Record the compromise between the parties for offence U/Sec. 420 IPC in FIR No. 73 oi 2020 registered by the Central Crirne Station (r'.C.S) Hydcrabad in view o the settlenre t of disputes between

¶82

¶83

,r'ouo
(p
07

¶84

the parties outside the court and to rluash the FIR No. 73 of2020 registered by the Central Crime Station (C.C.S) Hyderabad and^pass such other orcler or orders as this Hon'ble Court may deern fit and proper in the circumstances of

¶85

the case.

¶86

Counsel fo e i)etitioner

¶87

ud"

¶88

C o nsel for the Respondent No. 2

¶89

1.
)1 w
2.
I]-tt'- o.L-:-
\u \14,"d
3. L/
t\
NP
4.
Petitioners/Accu s ed
De o Con:plainant

¶90

[,LACE:: HYDERABAD DATE :: .10.2020

¶91

:I
/rilr,*'
:i .,
ARIAL. NOTARIAL ' NOfAhtA(' . ' flqTAFrAt
-: :-:i'' lrrl -.1,'
1
I
NOTARIAL, NOTARIAL NOTARIAL NOTARIAI NOTARTAL

¶92

SIGNED
BEFORE
DINESIi U An (, vA 0llASli
tUUTAtIY
G0vT. 0t lllnld

¶93

r-.-. , , r, . :D LY t,iF
.rL-
P::]5ON / Ai,rfE€ATE
r'r,n'" ;ctor]y?.i!f.??. ,G. Gx,t t'
t!!!dlo-----.-...
lO.No.

Bhavin Kirtikumar Mehta v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Bhavin Kirtikumar Mehta v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mir Johan Ali Vs The State of Telangana

Atul Kataria Vs The State of Telangana

Budidha Karthik Vs The State of Telangana

Mohammed Aleem Pasha Vs The State of Telangana

Kumari Rajani Vs The State of Telangana

M.Jayanath Kumar Vs The State of Telangana