Mumbai: Following an amicable settlement between parties in a commercial dispute, the Bombay High Court has quashed an FIR against four Gujarat-based persons albeit after depositing a sum of Rs 30,000 to the Children’s Aid Society which would be used for betterment of the children to the New & Additional Children’s Home, Mankhurd.
A division bench of Justices SS Shinde and NJ Jamdar quashed a First Information Report (FIR) against the Gujarat-based persons – Satish Mina, Shankar Mina, Virendra Mishra and Babbulal Pandey – observing that “further continuation of investigation in impugned FIR would tantamount to the abuse of the process of the Law/Court”.
The complaint was filed by Shailendra Choksi at Borivali police station in 2019 for cheating and criminal breach of trust following a failed business transaction worth Rs 55 lakh.
The four persons had filed a petition in the HC for quashing of the FIR. While agreeing to amicably settle the dispute, the accused deposited Rs 55 lakh with the HC Registry show their bonafide.
Prabhakar Tripathi and RC Mishra, advocates for the accused and complainant’s advocate Madhurudan Pareek informed the HC they have reached settlement and also signed the consent terms. On the court’s query, Solanki informed the judges that he had voluntarily agreed and there was no coercion or undue influence on him to settle the dispute.
Quashing the FIR, the HC observed that since the parties have reached the settlement, “the possibility of conviction is remote and bleak”. Also continuing the criminal case against the accused would put them to “great oppression and prejudice and would cause extreme injustice”, said the judges.
The HC further observed that “In view of settlement arrived between the parties, no fruitful purpose will be served by continuing the further investigation of FIR” since it was clear that the complainant would not support the prosecution.
The HC has asked the Registry to give Rs 40 lakh to Solanki and return the remaining Rs 15 lakh to the petitioners.
The judges have also asked the petitioners and the accused to deposit cost of Rs 15,000 each 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.
The total cost amount of Rs 30,000 has to be deposited within two weeks. HC has kept the petition for checking compliance on August 27.
