Mr. Vijay Arora vs Mr. Imran Yunus Azmi and Others

A.S. Oka, J.—Heard learned counsel appearing for the Applicant, the learned APP for the State and the learned counsel appearing for the first Respondent as well as the learned counsel appearing for the third Respondent. Rule. The concerned counsel for the parties waive service. By consent, taken up forthwith for final hearing.

The prayer in this Application u/s 482 of the Code of Criminal Procedure is for quashing the registration of the offence vide C.R. No. 37 of 2011 registered with Shivaji Nagar Police Station in Mumbai. The offences alleged under Sections 420, 465, 467, 468 and 471 read with Section 34 of the Indian Penal Code. The first Respondent is the first informant.

The learned counsel appearing for the first and the second Respondents states that the said Respondents are present in the Court. He invited our attention to the affidavits filed by the said two Respondents. In the affidavit, the first Respondent has set out the circumstances under which he lodged the complaint. For the reasons set out in the affidavits, they have stated that there are supporting prayer made by the Applicant for quashing the FIR. The learned counsel appearing for the third Respondent on instructions of the third Respondent, who is personally present in the Court, states that the stand of the third Respondent is the same as the stand of the first and second Respondents. In short, the said Respondents have no objection for quashing the proceedings.

We have perused the complaint of the first Respondent. Perusal of the complaint shows that there was some dispute regarding implementation of slum rehabilitations scheme. Keeping aside the stand taken by the first to third Respondents, we are of the view that the allegations made by the first to third Respondents are in the nature of civil dispute. In view of this fact and in view of the statements made by the first to third Respondents, this is a fit case to exercise powers u/s 482 of the Code of Criminal Procedure, 1973.

We have already observed that a civil dispute between the parties let to filing of a complaint. The first to third Respondents have set the criminal law in motion and now perhaps they have accepted their mistake. The learned counsel appearing for the first to third Respondents have shown willingness to pay a reasonable amount to Maharashtra State Legal Services Authority.

The learned counsel appearing for the first and second Respondents as well as the learned counsel appearing for the third Respondent on instructions of their respective clients state that within four weeks from today, the first to third Respondents will pay a donation of Rs. 10,000/- each to the Maharashtra State Legal Services Authority. We accept the statement. Hence, we pass the following order:

ORDER:

(a) The Rule is made absolute in terms of prayer clause (a);

(b) For reporting compliance on the part of the first to third Respondents, though the Application is disposed of, the same shall be placed on board under the caption of "Directions" on 27th November, 2012.