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Judgment
S. S. Shinde, J
1 Rule. Rule made returnable forthwith and heard with the consent of learned counsel appearing for the parties.
2 This Writ Petition has been filed by the Petitioners for the following substantial relief :-
(a) That this Hon'ble Court be pleased to quash the FIR being C. R. No.297 of 2019 registered by Borivali Police Station at the instance of the
Respondent No.3 herein for the alleged offence punishable u/s 420, 406, 34 of I.P.C. in the interest of justice.
3 The learned counsel appearing for the Petitioners submitted that the 3rd Respondent has lodged FIR No.297 of 2019 with Borivali Police Station
against the Petitioners for the offences punishable under Sections 420, 406, 34 of the Indian Penal Code. It is submitted that the said FIR is an
outcome of the business transaction. It is also submitted that the Petitioners have applied for anticipatory bail application before the Hon'ble Sessions
Court, Dindoshi. The said anticipatory bail came to be rejected by the Sessions Curt, Dindoshi. The said rejection.odt arrived at a settlement, and the
consent terms between the parties have been signed by the Applicants, Respondent No.3 and their respective advocates. It is submitted that the said
consent terms arrived at between the parties have been filed in the said ABA No.1771 of 2019.
4 The 3rd Respondent was present before this Court on 10 th August 2021, when the matter was heard. He was identified by his advocate. He stated
that it is his voluntary act to settle the dispute and there is no coercion or undue influence upon him for arriving at the said settlement. 5 In support of
the said settlement, the 3 rd Respondent has filed his affidavit in the present Writ Petition. Paragraphs 2 to 5 of the said affidavit read thus :-
2 I say that pending investigation of above referred crime myself and the Petitioners decided to amicably settle the dispute in question and accordingly
have settled our dispute on the terms and condition mentioned specifically in consent terms executed between us. The said consent terms is placed on
record before this Hon'ble Curt in present petition for kind perusal of this Hon'ble Court.
3 The present Affidavit is filed by me with a understanding that the Petitioners and myself have mutually settled their respective disputes amongst us
and on the basis of the said amicable settlement, I hereby withdraw all the allegations made by me against the Petitioners and do not intend to proceed
further in the criminal case filed against the Petitioner. This present term is binding on me and I undertake to abide by the same on compliance of the
terms and conditions mentioned in consent terms lgc executed between myself and petitioners.
4 I have no claim of whatsoever in nature against the Petitioners after I receive the settlement amount as mentioned in consent terms and as per the
order passed in ABA 1771 of 2019 and the present Affidavit may be treated as consent for quashing of the above FIR registered with Borivali Police
Station, Mumbai vide FIR No.297 of 2019 under section 420, 406, 34 of Indian Penal Code.
5 Hence, without going into the merits of the matter and without intending to press allegations levelled by me, I seek to withdraw allegations against
the Petitioner in the light of the above settlement arrived at between both the parties. I further stated that the same is being done by me without any
coercion, force or influence and is given out of my free consent.
6 The learned counsel appearing for the parties submitted that the parties have voluntarily agreed to settle the dispute and there is no coercion, undue
influence or force upon them for arriving at the settlement. It is also submitted that the parties have amicably resolved/settled the dispute and decided
to seek relief of quashing of impugned FIR by way of filing this Writ Petition. In support of the said settlement, they have also placed on record the
Consent Terms duly signed by the parties as well as their respective advocates.
7 During the course of hearing, the learned Public Prosecutor appearing for the Respondent/State, on instructions, submits that there are no criminal
antecedents against the Petitioners.
8 With the able assistance of the learned counsel appearing for the parties, we have perused the recitals of the said Consent Terms. The copy of the
said consent terms dated 07th April 2021 is placed on record at page 101 of the writ paper book (Exhibit-F). The consent terms are duly signed by the
original complainant i.e. the 3rd Respondent herein, and the Applicants/Accused and their respective advocates. It would be apt to reproduce herein
under the recitals of the said consent terms for ready reference :-
CONSENT TERMS The Applicant/Accused and the Org. Complainant both have agreed to settle the entire dispute amicably and thereby have
agreed to file the Consent Terms as under :-
That, both the parties have confirmed that during pendency of the above Anticipatory Bail Application, the accused/applicants have deposited
Rs.55,00,000/-with the registry of this Hon'ble Court to show their bonafide without prejudice to their rights and contention as directed by this Hon'ble
Court.
That, both the parties i.e. the complainant and the accused in the present F.I.R. no.297 of 2019 punishable u/s 420, 406 of I.P.C. registered with
Borivali Police Station, Mumbai arisen out of account disputes is amicably settled and none of them have any grievance against each other.
3 That, both the parties have agreed to present the petition for quashing the present F.I.R. No.297 of 2019 punishable u/s 420, 406 of I.P.C. registered
with Borivali Police Station, Mumbai before the Division Bench of this Hon'ble Court.
That, both the parties have agreed that on quashing of the present F.I.R. No.297 of 2019 punishable u/s 420, 406 of I.P.C. registered with Borivali
Police Station, Mumbai, the amount of Rs.40,00,000/- (Rupees Forty Lakh only) to be given to the complainant, and balance Rs.15,00,000/- (Rupees
Fifteen Lakh) to be refunded to the applicant/accused forthwith.
That, both the parties have agreed that the complainant will fully co-operate and make clear and bold submissions before the Hon'ble Court in
regards to amicable settlement reached by and between the parties, so that, on the basis thereof, the impugned F.I.R. would be quashed, and after
quashing the F.I.R. the present application to be disposed of on the ground and in terms of settlement.
That, both the parties agreed that after execution of this settlement, no any short of claim, complaint or grievance will residue or remain against
each other and no any proceeding/s either civil and or criminal concerning and/or touching to the subject matter of the present application will be
maintainable and or entertained in any court of law.
Notwithstanding what is provided in this consent terms, breach of any of the clauses mentioned above shall be construed as an event of default
thereof and the non- defaulting party shall have the right to seek the legal recourse to challenge such a breach and seek necessary legal reliefs from
competent court.
That, both the parties have read over the terms and conditions mentioned hereinabove and confirmed it to be exactly as amicably settled between
them and further confirm that the terms and conditions of this consent terms shall be fully & effectually binding upon the parties hereundersigned
verbatim. The parties hereundersigned are identified by their respective advocates.
9 The Supreme Court in the case of Giansingh v. State of Punjab and Another1 has held that, the criminal cases having overwhelmingly and 1 2012
(10) SCC 303 predominatingly civil flavour stand on a different footing for the purposes of quashing, particularly the offences arising from commercial,
financial, mercantile, civil, partnership or such like transactions or the offence arising out of matrimony relating to dowry, etc. or the family disputes
where the wrong is basically private or personal in nature and the parties have resolves their entire dispute. In this category of cases, the High Court
may quash the criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is
remote and bleak and continuation of the criminal case would put the accused to great oppression and prejudice and extreme injustice would be
caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. It is further held that, as
inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz.: (i)
to secure the ends of justice, or (ii) to prevent abuse of the process of any court.
10 In view of settlement arrived between the parties, no fruitful purpose will be served by continuing the further investigation of FIR No.297 of 2019
registered with Borivali Police Station against the Petitioners for the offences punishable under Sections 420, 406, 34 of the Indian Penal Code.
11 In the light of discussion in foregoing paragraphs, it is abundantly clear that the 3rd Respondent is not going to support the allegations made against
the Petitioners in the impugned FIR, and further continuation of investigation in impugned FIR would tantamount to the abuse of the process of the
Law/Court. Since the first informant i.e. the 3 rd Respondent is not going to support the allegations made in the FIR, the chances of the conviction of
the accused would be remote and bleak.
12 It is pertinent to note at this stage that though the parties have resolved/settled their dispute between them and approached this Court for quashing
of the FIR lodged by the 3rd Respondent against the Petitioners, we deem it appropriate to impose costs upon the parties. Accordingly we direct the
Petitioners to deposit costs of Rs.15,000/- and the 3 rd Respondent to deposit costs of Rs.15,000/- with the Children's Aid Society, Mumbai, who in
turn transfer the said costs for betterment of the children to the New & Additional Children's Home, Mankhurd, Mumbai. 13 For the reasons stated
herein above, the Writ Petition is allowed in terms of prayer clause (a), subject to depositing Rs.15,000/- by the Petitioners and Rs.15,000/- by the 3rd
Respondent, which reads thus :-
(a) That this Hon'ble Court be pleased to quash the FIR being C. R. No.297 of 2019 registered by Borivali Police Station at the instance of the
Respondent No.3 herein for the alleged offence punishable u/s 420, 406, 34 of I.P.C. in the interest of justice.
14 The Petitioners to deposit Rs.15,000/-, and the 3rd Respondent to deposit Rs.15,000/- in the Bank of Children's Aid Society, Mumbai within two
weeks from today, details of which are as under:-
Name of Bank of Account : Children Aid Soc Donation Bank Account No. :02370100005612 Bank Name : UCO Bank Branch : Matunga Mumbai
IFS Code : UCBA0000237 On deposit of costs of Rs.15,000/- by the Petitioners and costs of Rs.15,000/- by the 3rd Respondent in the aforesaid bank
account, the Children Aid Society, Mumbai shall immediately transfer the said amount of costs for betterment of the children to the New and
Additional Children's Home, Mankhurd, Mumbai.
15 As per the Consent Terms arrived at between the Petitioners and the 3rd Respondent, the Petitioners have deposited Rs.55,00,000/- (Rupees Fifty
Five Lakhs only) with the Registry of this Court. In terms of clause (4) of the said Consent Terms, the amount of Rs.40,00,000/- (Rupees Forty Lakhs
only) is to be given to the complainant i.e. the 3 rd Respondent, and balance amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) is to be refunded
to the Petitioners. The Registry shall hand over the amount of Rs.40,00,000/- (Rupees Forty Lakhs only) to the complainant i.e. the 3rd Respondent,
and shall refund the balance amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) to the Petitioners. The Registry shall also give the interest, if any,
accrued on the amount of Rs.40,00,000/- to the complainant i.e. the 3 rd Respondent and, the interest, if any, accrued on the amount of Rs.15,00,000/-
to the Petitioners. 16 Rule is made absolute to the above extent and the Criminal Writ Petition stands disposed of accordingly. List the Petition on 27 th
August 2021 under caption ""For Compliance"" of deposit of costs.