Rajesh Habitat Pvt. Ltd. & Ors. vs State Of Maharashtra & Anr.

Heard learned Counsel for the parties.

Rule. Rule is made returnable forthwith with the consent of the parties and taken up for final disposal.

Mrs. P. P. Shinde, learned Addl. P. P. For Respondent No.1-State waives service on behalf of Respondent No.1-State and Mr. Sharad Bansal, learned Counsel for Respondent No.2 waives service on behalf of Respondent No.2.

By this application, the Applicants seek quashing and setting aside of the F.I.R. registered vide C.R. No.111 of 2022 with the Economic Offence Wing (EOW), Mumbai (earlier registered vide C. R. No.427 of 2022 with the Meghwadi Police Station, Mumbai and consequently transferred to EOW). Quashing is sought on the premise, that the parties have amicably settled their dispute.

Perused the Application. It appears from the F.I.R. that there was a dispute between the parties pursuant to which the Respondent No.2 lodged the aforesaid F.I.R. with the Meghwadi Police Station alleging offences punishable under Sections 406, 420 read with Sections 120B and 34 of the Indian Penal Code. Subsequently, since the alleged amount was above 10 Crores, the investigation was transferred to EOW, Mumbai and accordingly, C.R. was re-registered as C.R. No.111 of 2022 with the EOW, Mumbai.

It appears that there was a Commercial Suit, being Commercial Suit No. 180 of 2022 filed by the Vistra ITCL (India) Limited as against the Applicants, Respondent No.2 and others. In the said Commercial Suit consent terms were entered into between the parties. The said consent terms are at Exhibit ‘C’-page 76 of the application. From a perusal of the consent terms, it appears, that the parties i.e. Applicants and Respondent No.2 have amicably settled their dispute and that Defendant No.10 in the aforesaid Commercial Suit No. 180 of 2022 is to receive the amount as per the consent terms. Chargesheet has not been filed in the said case till date. Pending the investigation, the parties have amicably settled their dispute.

The Respondent No.2 has tendered an affidavit on behalf of himself and his partner Dr. Jagruti Kamdar. In the said affidavit the Respondent No.2 at whose behest the aforesaid C.R. is registered has given his no objection to the quashing of the aforesaid C.R. Paragraph 3 of the said affidavit reads thus:

To the affidavit annexed, is the authorization given to the Respondent No.2’s co-partner-Dr. Jagruti Kamdar. The Respondent No.2 is present-in-person. On being questioned, he reiterates what is stated by him in the affidavit. He states that he has no objection to the quashing of the aforesaid proceeding at his behest against the Applicants.

Considering the dispute, the nature of transaction, the consent terms entered into between the parties, the affidavit of Respondent No.2 and the judicial pronouncements in this regard, there is no impediment in allowing the application.

Hence, the Application is accordingly allowed and C. R. No.111 of 2022 registered with EOW, Mumbai (original C.R. No.0427 of 2022 registered in Meghwadi Police Station, Mumbai) is hereby quashed and set aside

Rule is made absolute in the aforesaid terms.

Application is disposed of.

Needless to state that, since the F.I.R. has been quashed and set aside, the Applicants account/ accounts frozen by the Police, be defreezed forthwith.

The Applicants together, undertake to deposit costs of Rs.2,50,000/- i.e.

Respondent No.2 to also deposit cost of Rs.50,000/- with Tata Memorial Hospital as per details mentioned above. Costs be deposited within two weeks from today.

All concerned parties to act on the autenticated copy of this order.