Bombay High Court
Sunil Sethi vs State Of Maharashtra And Anr on 20 October, 2022
Author: S. M. Modak
Bench: Revati Mohite Dere, S. M. Modak
NISHA Digitally signed by NISHA
SANDEEP CHITNIS
SANDEEP Date: 2022.11.10
CHITNIS 16:17:01 +0530
prod.502-wp.2285.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 2285 OF 2022
Sunil Sethi ...Petitioner
Versus
1. The State of Maharashtra
2. B. K. Agarwal ...Respondents
Mr. Mutahar Khan i/b Mr. Moinuddin Chowdhari, for the Petitioner.
Mr. J. P. Yagnik, A.P.P for the Respondent No.1 - State.
Mr. Faran Khan i/b Ms. Shaba Khan, for the Respondent No.2
CORAM : REVATI MOHITE DERE &
S. M. MODAK, JJ.
DATE : 20th OCTOBER 2022
P.C. :
Not on board. Taken on board.
1. Heard learned counsel for the parties.
2. Rule. Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. Learned APP waives notice on behalf of the respondent No.1 - State. Mr. Khan waives notice on behalf of the respondent No.2.
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3. By this petition, the petitioner seeks quashing of the FIR bearing C.R. No. 181 of 2022 registered with the Malad Police Station, for the alleged offences punishable under Sections 420, 465 and 467 of the Indian Penal Code. Quashing is sought on the premise, that the parties have amicably settled their dispute.
4. Perused the papers. According to the respondent No.2, Director of Mail Media Communication Pvt. Ltd. the said company had obtained a license from the Municipal Corporation of Greater Mumbai ('MCGM') to advertise on a hoarding structure on the terrace of Goregaon Sports Club. It is alleged that pursuant to the negotiations in February 2018, Mail Media Communication Pvt. Ltd, M/s. Art Media Advt, a proprietary concern of the petitioner and M/s. Devangi Outdoor Advertising executed a Tripartite Agreement, by which M/s. Art Media Advt, acquired the rights under the license/permit issued by the MCGM for putting up advertising material on the hoarding structure on the terms and conditions set out in the said license/permit. According to the respondent No.2, on N. S. Chitnis 2/6 prod.502-wp.2285.2022.doc 5th February 2018, Mail Media Communication Pvt. Ltd. executed a power of attorney in favour of the petitioner and granted certain powers and authority to the petitioner to act in furtherance of the Tripartite Agreement. Pursuant to the said agreement between the parties, M/s. Devangi Outdoor Advertising, through its partner, handed over a no objection certificate on the letter head of Mail Media Communication Pvt. Ltd. of which the respondent No.2 is the Director, vide letter dated 18th April 2018, to enable the petitioner to transfer the license/permit in his name. Pursuant thereto, certain disputes arose between the parties and the petitioner filed a Suit being S.C. Suit No.2267 of 2021 in the City Civil Court at Dindoshi, as against the respondent No. 2 and one Mohit Agarwal, both Directors of Mail Media Communication Pvt. Ltd. Another suit was also filed being S.C. Suit No.1120 of 2021 as against MCGM and the Directors of Mail Media Communication Pvt. Ltd.(of which the respondent No.2 is the Director). It appears that thereafter in May 2021, the respondent No.2 filed a complaint and on 17th March 2022, the subject FIR i.e. C.R. No. 181 of 2022 was registered with the Malad N. S. Chitnis 3/6 prod.502-wp.2285.2022.doc Police Station, for the aforesaid offences. We are informed that charge-sheet has not been filed in the said case.
5. It appears that in the interregnum, the parties amicably settled their dispute and entered into Consent Terms. The said consent terms were filed in S.C. Suit No.2267 of 2021, which was pending before the City Civil Court at Dindoshi. In view of the consent terms, the suit filed by the petitioner was withdrawn. The said order of the City Civil Court at Dindoshi, dated 6 th April 2022, is at Exhibit - 'D' on page 31 of the petition. Another suit filed by the petitioner was also withdrawn in view of the consent terms and the amicable settlement between the parties.
6. Learned Counsel for the respondent No. 2 has tendered an affidavit of the respondent No.2 dated 6 th September 2022 duly affirmed before the notary. To the said affidavit is annexed a self attested xerox copy of the aadhar card of the respondent No. 2. The said affidavit is taken on record. In the said affidavit, the respondent N. S. Chitnis 4/6 prod.502-wp.2285.2022.doc No.2 has stated that he has amicable settled the dispute with the petitioner and that consent terms have been executed between him and the petitioner in S.C. Suit No.2267 of 2021 in the City Civil Court at Dindoshi. He has further given his no objection to the quashing of the aforesaid C.R. registered at his behest. Respondent No. 2 is present in Court. On questioning, he re-iterates what is stated by him in his affidavit. Learned Counsel for the respondent No.2 has identified the respondent No.2 and the learned APP has also verified the original aadhar card of the respondent No.2.
7. Considering the nature of dispute, the amicable settlement between the parties, the affidavit filed by the respondent No.2 and having regard to the judicial pronouncements, there is no impediment in allowing the petition.
8. The petition is accordingly allowed and the FIR bearing C.R. No. 181 of 2022 registered with the Malad Police Station, is quashed and set-aside.
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9. The petitioner to deposit a sum of Rs.25,000/-, with the Mumbai Police Welfare Fund bearing Account No. 465010100008693, IFSC No. UTIB0000465, as costs. The said costs to be deposited within four weeks from today.
10. Rule is made absolute in the aforesaid terms. Petition is disposed of accordingly.
11. Stand over to 28th November 2022, for recording compliance of the said deposit of costs.
12. All concerned to act on the authenticated copy of this order.
S. M. MODAK, J. REVATI MOHITE DERE, J.
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