Bombay High Court
Manjit Singh S/O Mukundlal Arora And Ors vs The State Of Maharashtra And Anr on 30 January, 2023
Author: Prithviraj K. Chavan
Bench: Revati Mohite Dere, Prithviraj K. Chavan
10-wp-st-20864-2022.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION [STAMP] NO.20864 OF 2022
1. Manjit Singh s/o Mukundlal Arora ]
2. Chandrakantha Gurucharanlal Wadha ]
3. Bimla Harish Chawla ]
4. Mohinder Kaun Saurinder ]
Singh Gandhi ] Petitioners
Vs.
1. State of Maharashtra ]
2. Shimpa Harpreet Arora ] Respondents
.....
Ms. Hiral Chauhan a/w Mr. Ravish Mishra i/b V.J. Juris, for
Petitioners.
Mr. K.V. Saste, for Respondent No.1-State.
Ms. Pinky Bhansali a/w Ms. Dharini Jain, for Respondent No.2.
.....
CORAM : REVATI MOHITE DERE &
PRITHVIRAJ K. CHAVAN, J.J.
DATE : 30th JANUARY, 2023.
ORDER:[Per Prithviraj K. Chavan, J.]:
1. Heard.
2. Rule.
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3. Rule is made returnable forthwith, with the consent of the parties. Petition is taken up for final disposal.
4. Learned A.P.P waives notice on behalf of respondent No.1-
State. Ms. Bhansali, learned Counsel waives notice on behalf of respondent No.2.
5. By this petition under Article 226 of the Constitution of India and section 482 of the Code of Criminal Procedure, 1973 (for short "Cr. P.C"), the petitioners seek quashing of the First Information Report registered vide C.R. No.259 of 2014 registered with Khar Police Station, Mumbai, for the alleged offences punishable under sections 324, 504 r/w 34 of the Indian Penal Code (for short "I.P.C") and consequently, proceeding pending before learned 9th Metropolitan Magistrate Court at Bandra being Case No.103/PW of 2020 Quashing is sought on the premise that the parties have amicably settled their dispute.
6. There is a cross complaint filed by petitioner No.1 - Manjit Singh S/o Mukundlal Arora bearing F.I.R No.511 of 2014 against respondent No.2 and others for the alleged offences punishable 2 of 12 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 01/06/2023 09:17:48 ::: 10-wp-st-20864-2022.doc under sections 464, 465, 467, 468, 474, 506 (2) r/w 34 of the I.P.C. By a separate order, we have quashed the proceedings in the cross case, in view of the amicable settlement between the parties.
7. Briefly stated, facts are as follows.
8. Petitioner No.1's father - Mukundlal Arora died intestate on 22nd September, 2003 at the age of 75 years, leaving behind three flats viz. Flat No.3, 11 and 12 along with a commercial garage in the building known as "Arora Bhavan' situate at 10th Road, Khar (West), Mumbai 400 052.
9. On 11th June, 2008, the petitioners along with their brother Late Rambabu Mukundlal Arora, sister - Nirmal Singh Saluja and mother - Shanidevi Arora executed a Memorandum of Family Arrangement dated 11th June, 2008. In the year 2014, Rambabu Mukundlal Arora without the knowledge of the petitioners and their sister - Nirmal Saluja had alienated the rights in the estate of Late Mukundlal Arora by executing alleged Gift Deed through their mother - Shanidevi Arora in favour of respondent No.2 - Shimpa Harpreeet Arora. On 25th May, 2014, Shanidevi Arora died 3 of 12 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 01/06/2023 09:17:48 ::: 10-wp-st-20864-2022.doc intestate. Dispute and differences arose between the petitioners and respondent No.2 over Flat No.11 situate at Arora Bhavan.
10. Accordingly, an F.I.R bearing No.259 of 2014 came to be registered with Khar Police Station, Mumbai against the petitioners under sections 324, 504 r/w 34 of the I.P.C.
11. After investigation, charge-sheet came to be filed before 9th Metropolitan Magistrate Court at Bandra being Case No.103/PW of 2020.
12. Now, the parties have decided to give a quietus to all the civil and criminal disputes pending between them and filed consent terms dated 1st December, 2022 in this Court in Suit No.959 of 2014, inter alia, requesting this Court for quashing the subject F.I.R.
13. It is submitted on behalf of the learned Counsel for the parties that the parties have decided to withdraw all the complaints/ cases against each other. A copy of the consent terms between the parties arrived at in Suit No.959 of 2014 in this Court are annexed to the petition at Pages No.25 to 33. For ease reference, consent 4 of 12 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 01/06/2023 09:17:48 ::: 10-wp-st-20864-2022.doc terms are reproduced below;
CONSENT TERMS BETWEEN THE PLAINTIFF AND DEFENDANT NOS. 1A, 2 TO 5 AND DEFENDANT NO.13 "1. These terms are entered into between the Plaintiff and Defendant Nos.1a, 2 to Defendant No.5 and Defendant No.13 who shall hereinafter be referred to as ("the Parties").
2. That pending the above suit Rambabu Mukandlal Arora (Original Defendant No.1) died on 28th December, 2020. By Order dated 1/12/2022 in Interim Application (L) No.36790 of 2022, the name of Rambabu Mukandlal Arora was deleted and the name of his wife Narinder Rambabu Arora was added as Defendant No.1a.
3. The parties hereto agree and confirm that they are related to each other and all are the heirs and legal representatives of (late) Shri Mukundlal Arora.
4. The parties hereto agree and confirm that the parties have mutually and amicably resolved the disputes, differences and grievances amongst themselves and without going into the rival claims and/or entitlements of the parties individually and/or collectively and as a part of resolution and without going into the ascertainment of the individual shares and seeking partition by mates and bounds, the parties have after mutual discussion agreed and confirmed as under:
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5. Agreed declared and confirmed by the Plaintiff and Defendant Nos.1a, 2 to 5 and Defendant No.13 that Flat No.12, situated on the 2nd floor, and Garage No.2 in the building named Arora Bhavan shall hereinafter belong to Defendant No.2 i.e Manjeetsingh Mukundlal Arora exclusively and absolutely and all other hereby relinquish their claim right, title, entitlement the said flat no.12 and Garage No.2.
FLAT NO.11
6. Agreed declared and confirmed by the Plaintiff and Defendant Nos. 1a, 2 to 5 and Defendant No.13 that the said Flat No.11 shall be held/owned jointly by the Nirmal Gurucharansingh Saluja (Plaintiff), Chandrakanta G. Wadwa (Defendant No.3), Mohinder Kaur S Gandhi (Defendant No.4), Bimla Harish Chawla (Defendant No.5) and Shimpa Harpreet Singh (Defendant No.13) in following proportion hereinafter mentioned and Plaintiff and Defendants Nos. 3 to 5 and Defendant No.13 shall be in joint use, occupation and possession of Flat No.11,
a) Shimpa Harpreet Singh - 1/5th share
b) Nirmal Gurucharansingh Saluja - 1/5th share
c) Mohinder Kaur S. Gandhi - 1/5 th share
d) Chandrakanta G. Wadhwa - 1/5th share
e) Bimla Harish Chawla - 1/5 th share 6 of 12 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 01/06/2023 09:17:48 ::: 10-wp-st-20864-2022.doc 1/3 SHARE BELONGING TO MUKUNDLAL ARORA IN ARORA BHAVAN
7. Agreed declared and confirmed by the Plaintiff and Defendant Nos. 1a, 2 to 5 and Defendant No.13 that the 1/3rd share belonging to Mukundlal Arora in Arora Bhavan, shall hereinafter be held/owned jointly by the Nirmal Gurucharansingh Saluja (Plaintiff), Manjit Singh Arora (Defendant No.2), Chandrakanta G. Wadhwa Chandrakanta (Defendant No.3), Mohinder Kaur S. Gandhi (Defendant No.4), Bimla Harish Chawla (Defendant No.5) and Shimpa Harpreet Singh (Defendant No.13) in following proportion:
a) Manjit Singh Arora - 1/3rd share
b) Shimpa Harpreet Singh - 1/3rd share
c) Nirmal Gurucharansingh Saluja, Mohinder Kaur S. Gandhi, Chandrakanta G. Wadhwa and Bimla Harish Chawla - 1/3rd share FLAT NO.3, FLAT NO.4, GARAGE NO.1 & GARAGE NO.5
8. Agreed declared and confirmed by the Plaintiff and Defendant Nos.1a, 2 to 5 and Defendant No.13 that Flat Nos. 3 & 4 on 1st floor and Garage No.1 & Garage No.5 on the ground floor, in the building named Arora Bhavan shall hereinafter be held/owned by daughter of Original Defendant No.1 and Defendant No.1 (a) i.e Defendant No.13 herein exclusively and all other relinquish their right, title, entitlement, if any, in the said flats and garages.
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9. The Parties hereto acknowledge, declare and confirm that this Consent Terms have been entered into after due negotiations, discussions and obtaining individual legal advice and this Consent Terms cancels and supersedes all previous agreements, documents and understandings arrived at by and between the Parties hereto whether oral and written, regardless of form or nature between the parties concerning the subject matter hereof and this Consent Terms contains the complete understanding of the Parties hereto with respect to the suit premises as on this day, and the representations, inducements, provisions, agreements, arrangements, documents or undertakings, whether oral or written expressed or implied, made or assumed, contrary or at variance or different from what is herein contained, prior to the date of this Consent Terms, shall have no force after the date of this Consent Terms.
10. Parties agree to withdraw all the proceedings filed against each other by filing copy of this present consent terms before the concerned Court.
11. Parties hereby agree that on signing consent terms all the cases filed against each other shall be withdrawn and not prosecuted further by respective applicants/complainants.
12. Parties agree that, wherever necessary, the parties will co-operate with each other and sign necessary documents for effective withdrawal of all case (as mentioned in para 13 below) filed by them against each-other and if required sign necessary affidavit, petitions etc., as requisitioned by other parties.
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13. Parties shall execute necessary documents including relinquishment deed in respect of each flat, so as to effectively vest the right, title interest in the respect of the respective parties as mentioned below:
Sr. Case No. Names of the Court Stage No Parties Name .
1. Suit Nirmala Saluja High Pending No.959 Vs. Rambabu Court of 2014 M Arora and OS 12 Ors
2. Civil Suit Chandrakanta City Hearing on No.1404 G. Wadhwa Vs Civil, NM next of 2014 Rambhau M. Dindos date Arora and 5 hi 12/10/22 ors
3. PW/ Khar Police Bandra Hearing 338/2016 Station Vs. MM Next Date Rambabu 22/12/22 Arora and 3 ors
4. PW/ Khar Police Bandra Hearing on 103/2020 Station Vs. NM Discharge Mahendar Application Suendar Singh next date Gandhi & Ors 13/09/22
5. Execution Manjit Singh Bandra Hearing on Appl. M Arora Vs. Small Warrant of No.103 Dr. Richel Issac Causes possession of 2021 next date 08/09/2022
6. MARJI Shimpa Arora Bandra For service Appl. Vs Manjit , Small next date 9 of 12 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 01/06/2023 09:17:48 ::: 10-wp-st-20864-2022.doc No.71 of Singh M Arora Causes 08/09/2022 2022 & Ors
14. Parties agree that the present terms shall be produced by them before all the courts including proceedings mentioned in paragraph no.13 for records.
15. The above undertaking given by the Plaintiff and Defendants are accepted as undertakings to the Court.
16. Plaintiff withdraws the suit against Defendant Nos. 6 to 12.
17. Suit to be disposed of in lieu of these Consent Terms.
18. Decree be drawn accordingly.
19. Court fees to be returned as per rules.
20. No order as to costs".
14. Learned Counsel for respondent No.2 has tendered affidavit of respondent No.2 - Shimpa Arora dated 21st December, 2022 duly affirmed before the Assistant Registrar, High Court, Appellate Side, Bombay. A photostat copy of the Aadhar Card of respondent No.2 duly attested by her is also tendered on record. Affidavit of respondent No.2 and photostat copy of the Aadhar card of respondent No.2 is taken on record. In the said affidavit, she has 10 of 12 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 01/06/2023 09:17:48 ::: 10-wp-st-20864-2022.doc stated that they have settled their dispute by filing consent terms dated 1st December, 2022 in this Court (in its original jurisdiction) in Suit No.959 of 2022. She has further stated that she has no objection for quashing of the F.I.R/proceeding initiated at her behest against the petitioners, in view of the amicable settlement.
15. Respondent No.2 is present in the Court. On being questioned, respondent No.2 reiterates what is stated by her in her affidavit. Learned Counsel appearing for respondent No.2 has identified her. Learned A.P.P has original Aadhar Card of respondent No.2.
16. Considering the nature of the dispute, amicable settlement between the parties in view of consent terms arrived at between them, affidavit of respondent No.2 and having regard to the judicial pronouncements of the Apex Court in the case of Gian Singh Vs. State of Punjab and another1 and Narinder Singh and others Vs. State of Punjab and another 2, there is no impediment in allowing the petition.
1 (2012) 10 SCC 303 2 (2014) 6 SCC 466 11 of 12 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 01/06/2023 09:17:48 ::: 10-wp-st-20864-2022.doc
17. The petition is accordingly allowed. The F.I.R bearing C.R. No.259 of 2014 registered with Khar Police Station, Mumbai, as against the petitioners, and consequently, the proceeding pending before the 9th Metropolitan Magistrate Court at Bandra being Case No.103/PW of 2020, are quashed and set aside.
18. The petitioners to deposit a total sum of Rs.25,000/- with Mumbai Police Welfare Fund bearing Account No.465010100008693, IFSC No. UTIB0000465, as costs. The said costs to be deposited within four weeks from today.
19. Rule is made absolute in the aforesaid terms. Petition is disposed of accordingly.
20. Petition be listed on 6th March, 2023 for recording compliance regarding deposit of costs.
21. All parties to act upon an authenticated copy of this order. [PRITHVIRAJ K. CHAVAN, J.] [REVATI MOHITE DERE, J.] 12 of 12 ::: Uploaded on - 04/02/2023 ::: Downloaded on - 01/06/2023 09:17:48 :::