Bombay High Court
Prathamesh Mangesh Salvi vs State Of Maharashtra And Anr on 14 November, 2022
Author: R.N.Laddha
Bench: Revati Mohite Dere, R.N.Laddha
Digitally signed
by CHITRA
SANJAY
CHITRA SONAWANE
SANJAY Date:
SONAWANE 2022.11.17
14:43:03
+0530 10-WPST-17965-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION (ST) NO.17965 OF 2022
Prathamesh Mangesh Salvi ...Petitioner.
Versus
1.The State of Maharashtra
2.Smt.Sneha Sudhakar Bhangale ...Respondents.
Mr.Daulat G.Khamkar, for the Petitioner.
Mr.S.D. Shinde, APP for State.
Mr.Kishor D.Walanju for the Respondent No.2.
CORAM : REVATI MOHITE DERE &
R.N.LADDHA, JJ.
DATE : 14th NOVEMBER, 2022.
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 Chitra Sonawane. 1/6 10-WPST-17965-2022.doc notice on behalf of the respondent no.1-State. Mr.Walanju waives notice on behalf of the respondent no.2.
3. By this petition, the petitioner seeks quashing of FIR, registered vide C.R. No.II-74 of 2018 with the Kalwa Police Station, District-Thane for the alleged offences punishable under Sections 354, 509, 507 of the Indian Penal Code ('IPC') and under Section 67 of the Information Technology Act. Quashing is sought on the premise, that the parties have amicably settled their dispute.
4. Perused the papers. According to the respondent no.2 (original complainant), her husband and petitioner's father, were working together in Crompton Greaves Limited, at Kanjur Marg since 1975. She has stated that in 1993, the petitioner's father took voluntary retirement and started construction business and later, even her husband took voluntary retirement from the said Company. Respondent no.2 has further alleged that as the petitioner's father was facing financial crisis in his construction business, he took financial Chitra Sonawane. 2/6 10-WPST-17965-2022.doc help of Rs.12 lakhs, as hand loan, from her husband. She has further alleged that the petitioner refused to repay the amount and instead called her on her phone and abused her in vulgar language. Pursuant thereto, the aforesaid FIR/ CR was lodged by the respondent no.2 alleging the aforesaid offences. After investigation, chargesheet was filed in the said case and the case is presently pending before the learned JMFC, Thane, being RCC No.232/2022.
5. During the pendency of the aforesaid proceeding, the parties who are known to each other, have amicably settled their dispute.
6. It appears that the petitioner's father had also filed Regular Civil Suit No.271 of 2021 in the Court of Civil Judge, Senior Division, Thane, in March 2021.
7. During the pendency of the aforesaid proceeding and the said suit, the petitioner's father and the respondent no.2 amicably Chitra Sonawane. 3/6 10-WPST-17965-2022.doc settled their dispute and filed Consent Terms before the learned Civil Judge, Senior Division, Thane, in RCS No.271 of 2021. The said Consent Terms dated 14.10.2021 are at page no.76 of the petition. One of the terms of the Consent Terms is that the respondent no.2 will give her no objection for quashing of criminal proceeding, pending as against the petitioner. Other terms and conditions have also been spelt out in the said Consent Terms. The parties have agreed to comply with the said terms and conditions set out in the Consent Terms.
8. The affidavit of the respondent no.2 is at page no.85 of the petition. It is dated 12.10.2022. In the said affidavit, the respondent no.2 has stated that the parties are known to each other for several years and were having cordial relations. The respondent no.2 has given her no objection to quashing of aforesaid proceeding as against the petitioner, in view of amicable settlement arrived at between the parties. Respondent no.2 is present in person. On being questioned, she reiterates what is stated by her in the affidavit. Respondent no.2 is Chitra Sonawane. 4/6 10-WPST-17965-2022.doc identified by her Counsel. Learned Counsel for respondent no.2 has tendered a xerox copy of the Aadhar Card of the respondent no.2 duly attested by the respondent no.2. The same is taken on record. Learned APP has also identified the original Aadhar Card of the respondent no.2.
9. Considering the nature of the dispute, the relations between the parties, the Consent Terms filed by the parties in the Civil Suit, the affidavit of the respondent no.2 and the judicial pronouncements in this regard, there is no impediment in allowing the petition.
10. The petition is accordingly allowed and the FIR, bearing CR No. II-74 of 2018 registered with the Kalwa Police Station, District-Thane and consequently, the proceeding pending before the learned JMFC, Thane, in RCC No.232/2022 are quashed and set aside.
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11. The petitioner to deposit costs of Rs.10,000/- with the Mumbai Police Welfare Fund bearing Account No.465010100008693, IFSC No.UTIB0000465. The said costs to be deposited within 4 weeks from today.
12. Needless to state, that the quashing is subject to the petitioner depositing the costs, as stated aforesaid.
13. Rule is made absolute in the aforesaid terms. Petition is disposed of accordingly.
14. Matter to be listed on 15th December 2022, for recording compliance of the said deposit of costs.
15. All the parties to act on the authenticated copy of this orders.
R.N.LADDHA, J. REVATI MOHITE DERE, J.
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