Bombay High Court
Omkar Shrirang Kalamkar And Ors vs The State Of Maharashtra And Anr on 29 September, 2020
Author: M.S.Karnik
Bench: S. S. Shinde, M. S. Karnik
12 & 15 wpst 2388.20 & 2374.20.doc
Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION STAMP NO. 2388 OF 2020
1. Mr.Abhishek Kulkarni
R/o Shreenivas Bungalow,
Old Saikheda Road, Lokhandemala,
Siddheshwar Nagar, Jail Road,
Nashik Road, Nashik.
2. Ms.Prachi Agarkar
R/o, 15, Shrungi Aapt,
Gurudwara Road,
Mumbai Naka, Nashik
3. Mr.Avinash Kulkarni
R/o Shreenivas Bungalow,
Old Saikheda Road, Lokhandemala,
Nashik Road, Nashik.
4. Mrs.Aasha Kulkarni
R/o Shreenivas Bungalow,
Old Saikheda Road, Lokhandemala,
Siddheshwar Nagar, Jail Road,
Nashik Road, Nashik .... Petitioners
Vs.
1. The State of Maharashtra through
EOW, Nashik, Maharashtra
2. Amit Kalamkar,
R/o S.No. 164/3, Row House No. 33,
Opposite Datta Mandir, Baner,
Pune 411 045. ..... Respondents
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12 & 15 wpst 2388.20 & 2374.20.doc
ALONG WITH
CRIMINAL WRIT PETITION STAMP NO. 2374 OF 2020
1. Omkar Shrirang Kalamkar
Age : 41 years, Occ:
2. Amit Shrirang Kalamkar
Age : 39 years, Occ :
3. Bharti Shrirang Kalamkar
Age : 65 years, Occ:
All R/o 411, Swamikrishna
Shivaji Nagar, Beside Bus Stop
Jail Road, Nashik Road, Nashik .... Petitioners
Vs.
1. The State of Maharashtra
Through Upnagar
Police Station Nashik
Served through Ld. Prosecutor
High Court , Mumbai
2. Abhishek Avinash Kulkarni
R/o Shreenivas Bungalow,
Siddheshwar Nagar,
Old Saikheda Road, Lokhandemala,
Dist. Nashik Road, Nashik. ..... Respondents
Mr.Sushant Valimbe, for the Petitioners in WPST/2388/20 & for
Respondent No.2 in wpst/2374/20
Mr. Tushar Sonawane, for Petitioners in WPST/2374/20 and for
Respondent No.2 in WPST/2388/20.
Mr.S.R.Shinde, APP for Respondent - State in WPST/2388/20.
Smt.A.S.Pai, APP for Respondent - State in WPST/2374/20.
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12 & 15 wpst 2388.20 & 2374.20.doc
CORAM : S. S. SHINDE &
M. S. KARNIK, JJ
RESERVED ON : 22th SEPTEMBER, 2020
PRONOUNCED ON : 29thSEPTEMBER, 2020
JUDGMENT (PER M.S.KARNIK, J.) :
1. These Petitions are fled under section 482 of Code of Criminal Procedure, 1973, (for short 'CrPC'), for quashing of FIR bearing No.I-271 of 2018 fled with Upnagar Police Station, Dist. Nashik for the ofences punishable under section 420, 406 read with 34 of Indian Penal Code. The parties fled criminal cases against each other. They pray that the F.I.R.No. 379/2018 fled with the Upnagar Police Station and which is a subject matter of Criminal WPST/2374/ 2020 be also quashed in view of the consent terms. The parties jointly state that they have settled the dispute and arrived at consent terms dated 08/06/2020. Clause (b) of the consent terms provide that FIR No. I-271 of 2018 be quashed.
2. The dispute in Criminal WPST/2388/2020 pertains to the investment made by the Respondent No.2 in the Petitioner's company. It is alleged that parties knew each other and had cordial relations. The amount invested had to be repaid back. However, the Petitioners refused to repay the amount. The criminal proceedings were initiated by the parties against each 3/6 12 & 15 wpst 2388.20 & 2374.20.doc other which are subject matter of the above mentioned F.I.Rs.
3. The parties do not dispute that they have entered into the consent terms dated 18/06/2020. The parties undertake to abide by the terms of the settlement The learned Counsel appearing on behalf of the parties says that the consent terms have been duly entered voluntarily without any pressure or coercion and that the same will be duly honoured.
4. We fnd that the allegations levelled by the parties have overwhelmingly & predominantly a civil favour. The dispute had arisen between the parties on account of failure on the part of the Petitioners in Writ Petition Stamp No. 2388 of 2020 to refund the amount invested by the Respondent No.2 in the company foated by them. The parties have settled their dispute which is more of a fnancial dispute. In our considered opinion, continuation of the criminal proceedings would be an abuse of process of Court and that it would be contrary to the interest of justice to continue the same despite settlement between the parties. The possibility of conviction is remote and bleak and continuation of criminal case registered by the parties against each other would put them to great oppression and 4/6 12 & 15 wpst 2388.20 & 2374.20.doc prejudice and extreme injustice would be caused to them by not quashing the criminal cases despite full and complete settlement and compromise between the parties as recorded in the consent terms.
5. In the light of the law laid down by the Apex Court in the case of 1Gian Singh Vs. State of Punjab and anr., we are satisfed that the dispute between the parties does not come in the category of heinous and serious case which is against the society so to reject the request for quashing proceedings. The dispute is of a private nature. Having regard to the nature of the dispute, we are of the opinion that this is a ft case for quashing of F.I.Rs. Consequently, the FIRs deserve to be quashed, however, subject to payment of costs. Hence, the following order.
ORDER (A) The Writ Petition Stamp No. 2388 of 2020 is allowed in terms of prayer clause (c) subject to payment of costs of Rs.25,000/- (Rs.Twenty Five Thousand only) payable by Petitioners to 'Bar Council of Maharashtra and Goa Covid-19' within a period of four weeks from today.
(B) Criminal Writ Petition Stamp No. 2374 of 2020 is 1 (2012) 10 SCC 303 5/6 12 & 15 wpst 2388.20 & 2374.20.doc allowed subject to the Petitioners paying costs of Rs.25,000/- (Rs.Twenty Five Thousand only) within a period of 4 weeks from today to 'Bar Council of Maharashtra and Goa Covid-19'. (C) The amount of costs shall be deposited in the following account, details of which are as under :
Bank Name : Bank of India
Branch Name : Main Branch, Fort, Mumbai
A/c Name : "Bar Council of Maharashtra and Goa
Covid-19"
A/c No. : 000110110013597
IFSC Code : BKID0000001.
(D) It is made clear that payment of costs of Rs.25,000/-
in each of the Petitions would be a condition precedent for quashing of FIRs,.
6. The Writ Petitions are disposed of in the above terms.
7. This order will be digitally signed by the Private Secretary of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
(M.S.KARNIK, J. ) (S.S.SHINDE, J.) Digitally signed Urmila by Urmila P. Ingle P. Date: 2020.09.29 Ingle 14:46:30 +0530 6/6