Bombay High Court
Roshanlal C Agarwal And Ors vs State Of Maharashtra And Anr on 2 December, 2022
Author: R.N.Laddha
Bench: Revati Mohite Dere, R.N.Laddha
Digitally signed
by CHITRA
SANJAY
CHITRA SONAWANE
SANJAY Date:
SONAWANE 2022.12.07
17:36:15
39-APLST-20235-2022.doc
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (ST) NO.20235 OF 2022
1.Roshanlal C. Agarwal
2.Vaibhav R. Agarwal
3.Vishal R. Agarwal
4.Mrs. Kanta R. Agarwal
5.Dinyar Karanjia ...Applicants.
V/s
1. The State of Mahrashtra
2. Santosh Sarjerao Dhanwade ...Respondents.
...
Ms Shraddha Sawant, Advocate for the Applicants.
Mr.S.S.Hulke, APP for the State.
Mr. Amol Dhumal for respondent no.2.
API Sonkamble, Pant Nagar Police Station present.
...
CORAM : REVATI MOHITE DERE &
R.N.LADDHA, JJ.
DATE : 2 DECEMBER, 2022.
nd P.C. :
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. Chitra Sonawane. 1/6
39-APLST-20235-2022.doc
3. By this application preferred u/s 482 of the Indian Penal Code, the Applicants seek quashing of THE FIR registered vide CR No.I-415-2022 with the Pant Nagar Police Station, at the behest of Respondent no.2, for the alleged offences punishable u/s 420 r/w 34 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 he had sold his ancestral property and purchased a flat, in the joint name with his wife from Ashoka Developer in their building, namely Swaroop Residency, Lakshmi Nagar. Applicants are the partners of the said Ashoka Developers. Respondent no.2 has further stated that the said flat was one bedroom Hall Kitchen in building C-, Flat no.304 admeasuring 455 sq.ft. Admittedly, charge sheet has not been filed in the said case.
5. During pendency of investigation in the said case, the parties amicably settled their dispute and entered into Consent Terms. Chitra Sonawane. 2/6
39-APLST-20235-2022.doc The said Consent Terms are at page no.23 of the Application. From the Consent Terms it appears that the Applicants have handed over possession of flat on.404 i.e. one bedroom hall kitchen flat on the fourth floor admeasuring 470 s/f in Wing B-II in a building, 'Swaroop Residency'. There are certain other terms and conditions spelt out in the Consent Terms which both the parties have agreed and undertaken to comply.
6. Learned Counsel for Respondent No.2 has also filed his affidavit which is at Exhibit C, at page no.44 of the application. In the said affidavit, Respondent No.2 has stated that the dispute has been amicably settled, that he has received possession of the flat i.e. flat no.404, the details of which have been given aforesaid, and, that he has paid the Applicants a sum of Rs.5,00,000/- which were due from him to the Applicants, towards full and final settlement towards the said flat. In view of the same, the Respondent No.2 has no objection for quashing of the case initiated by him as against the Applicants. Respondent No.2 is present in the Court. On being Chitra Sonawane. 3/6 39-APLST-20235-2022.doc questioned, he reiterates what is stated in the Consent Terms and in the affidavit. Learned Counsel for the Respondent no.2 has tendered a photocopy of the Aadhar Card of the Respondent No.2 duly attested by the said Respondent. The same is taken on record and the original is verified by the learned APP. Learned Counsel for the Respondent no.2 has also identified the Respondent No.2.
7. Both the parties have undertaken to comply with the terms and conditions as stipulated in the Consent Terms entered into between the parties.
8. Considering the amicable settlement of the dispute between the parties, the Consent Terms entered into by them, the affidavit of the Respondent No.2 and having regard to the judicial pronouncements, there is no impediment in allowing the application.
9. The application is accordingly allowed and the FIR bearing CR No.415 of 2022 registered with the Pant Nagar Police Station Chitra Sonawane. 4/6 39-APLST-20235-2022.doc under Section 420 r/w 34 of the IPC and 4, 8, 10 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963, is quashed and set aside.
10. The Applicants to deposit a sum of Rs.10000/- with the Mumbai Police Welfare Fund bearing No. 465010100008693, IFSC NO.UTIB0000465, as costs. The said costs to be deposited within two weeks.
11. Needless to state that the quashing is subject to the Applicants depositing the costs, as stated aforesaid.
12. Rule is made absolute in the above terms. Application is disposed of accordingly.
13. Respondent No. 2 to file Vakalatnama, if not filed, within two weeks of uploading of this order.
14. Stand over to 6.1.2023 for compliance of the order. Chitra Sonawane. 5/6
39-APLST-20235-2022.doc
15. All concerned to act on the authenticated copy of this order.
[ R.N.LADDHA, J.] [REVATI MOHITE DERE, J. ]
Chitra Sonawane. 6/6