Oves Ahmed Siddiqui

Order - Status 12: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2136 OF 2015 Vijay Ganpat Dedhia ….Petitioner versus 1. The State of Maharashtra Harakchand Tejshi Gala ….Respondents Mr. Atharva A. Dandekar i/b. Mr. O. A. Siddhiqui, advocate for the petitioner. Mr. Harakchand Tejshi Gala, complainant-in-person. Mr. K. V. Saste, APP for the State. CORAM : RANJIT MORE & ANUJA PRABHUDESSAI, JJ. DATED : 9th JULY, 2015. P.C.: Heard learned counsel for the petitioner, Mr. Saste, learned APP and respondent No.2 in person. The petition is filed for quashing FIR No.175 of 2014 registered with D. B. Marg, Police Station, Mumbai, at the instance of respondent No.2, for the offences punishable under Sections 465, 467, 468, 471, 420, 406 read with Section 34 of the Indian Penal Code, 1860. Pending investigation, the parties settled their dispute amicably and have approached this Court. The said crime is registered against eight persons including the present petitioner. Though the petition is filed by one accused, respondent No.2 in paragraph 3 of his affidavit dated 10th March, 2015, a copy of which is annexed at Exhibit "B", has given no objection for quashing the entire FIR against all the accused. Respondent No.2 is present before the Court. On being questioned, he specifically stated that whatever has been stated in the affidavit is true and correct and he has no objection for quashing the subject FIR against all the accused. It can, thus, be seen that the dispute was totally personal in nature, which has now been settled amicably. In these circumstances and especially in view of law laid down by the Apex Court in the case of Narinder Singh and ors. versus State of Punjab and anr. 2014 AIR (SCW) 2065, we find that no purpose would be served by keeping the criminal proceedings pending except burdening the criminal Courts which are already overburdened. In that view of the matter and in the interests of justice, the criminal proceedings are required to be quashed. However, at the same time, costs need to be saddled on the parties for using the police and judicial mechanism for settling their personal disputes. Accordingly, the petition is allowed in terms of prayer clause (b) subject to payment of costs of Rs.25,000/- by the petitioner. The petitioner shall deposit the costs with Central Police Welfare Fund, A/C.914010029005759 AXIS Bank, IFS Code-UTI B0000060 and Sr.No. 913 WP 2136.15 thereafter produce the receipt thereof on the file of this petition within a period of two weeks from today, failing which, the criminal writ petition shall stand dismissed automatically without further reference to the Court. Subject to above, the criminal writ petition stands disposed of. (ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.)