Bombay High Court
Ankush Vijaykumar Mehta vs The State Of Maharashtra And Anr on 9 January, 2024
Author: N.R. Borkar
Bench: Anuja Prabhudessai, N.R. Borkar
2024:BHC-AS:1407-DB
7-WP-304-19.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO. 304 OF 2019
Ankush Vijaykumar Mehta ... Petitioner
Versus
The State of Maharashtra and anr. ... Respondents
.........
Ms. Vidhi Karia i/b Jayakar and Partners for the Petitioner.
Ms. M. M. Deshmukh, APP for the State.
Mr. Prakash Savarkar for Respondent No. 2.
Mr. Swapnil Hevase, API, EOW, Pune City.
.........
CORAM : SMT. ANUJA PRABHUDESSAI &
N.R. BORKAR, JJ.
DATED : 9 JANUARY 2024
P.C. :-
1. The petitioner has sought to quash First Information Report in Crime No. 343 of 2018 registered with Bundgarden Police Station, Pune for offences under Sections 420, 406, 409, 120-B r/w 34 of the Indian Penal Code and Sections 3, 4, 5, 8, 11 of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963.
2. The aforesaid crime was registered pursuant to the FIR lodged by the respondent No. 2. The respondent No. 2 MJ Jadhav 1 / 4 ::: Uploaded on - 12/01/2024 ::: Downloaded on - 29/01/2024 22:11:11 ::: 7-WP-304-19.odt had booked a flat for sale consideration of Rs. 2,50,20,863/- with Eisha Atharva Construction with Bharat Nagori and Hasmukh Jain as its partners. The grievance of the respondent No. 2 was that despite receipt of sale consideration, the partners of the said construction did not deliver possession of the flat. Hence, the FIR for cheating and other offences as stated above.
3. Learned counsel for the petitioner and respondent No. 2 state that the parties have settled the matter amicably.
4. The respondent No. 2 has tendered his affidavit, wherein he has stated that they have settled the dispute amicably and have executed consent terms dated 24 September 2019 in arbitration proceedings pursuant to which award dated 4 November 2019 has been passed. The respondent No. 2 has stated that the petitioner and other co-accused have paid to him an amount of Rs. 63 Lakhs, by way of damages and that he does not wish to proceed against the present petitioner as well as the other MJ Jadhav 2 / 4 ::: Uploaded on - 12/01/2024 ::: Downloaded on - 29/01/2024 22:11:11 ::: 7-WP-304-19.odt co-accused and has no objection to quash Crime No. 343 of 2018.
5. The respondent No. 2 is present before the Court. He has been identified by his Advocate. The respondent No. 2 has also identified his signature on the affidavit and has confirmed the contents of the affidavit. He reiterates that the entire dispute has been resolved amicably and that he does not wish to proceed against the petitioner as well as other co-accused.
6. In our considered view, the settlement is voluntary and genuine. The dispute between the parties is personal in nature and since, the said dispute has been settled amicably, no fruitful purpose will be served by continuing the criminal prosecution against the petitioner and the other co-accused. Hence, this is a fit case to exercise powers under Article 226 of the Constitution of India and to quash the FIR as well as criminal proceedings. In such circumstances, the Petition is allowed.
7. The Crime No. 343 of 2018 registered with MJ Jadhav 3 / 4 ::: Uploaded on - 12/01/2024 ::: Downloaded on - 29/01/2024 22:11:11 ::: 7-WP-304-19.odt Bundgarden Police Station, Pune for offences under Sections 420, 406, 409, 120-B r/w 34 of the Indian Penal Code and Sections 3, 4, 5, 8, 11 of Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 is hereby quashed subject to cost of Rs. 40,000/- to be paid to the Central Police Welfare Fund, Director General of Police, Maharashtra State, Mumbai within a period of one week from today on the following details:
Bank Name : Axis Bank Ltd.
Branch Name : Worli, Mumbai [MH], Mumbai - 400
025.
Account Name : Central Police Welfare Fund
Account No. : 914010029005759
IFSC Code : UTIB0000060
8. The Bank Accounts of the petitioner and other co- accused be defreezed in view of quashing of the FIR.
9. To be listed for compliance on 16 January 2024. Digitally signed by MANGALTAI MANGALTAI JAYWANT JAYWANT JADHAV JADHAV Date:
(N.R. BORKAR, J.) (SMT. ANUJA PRABHUDESSAI, J.) 2024.01.12 14:39:45 +0530 MJ Jadhav 4 / 4 ::: Uploaded on - 12/01/2024 ::: Downloaded on - 29/01/2024 22:11:11 :::