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2023 DIGILAW 890 (BOM)

Hitesh Dhokkad v. State Of Maharashtra

2023-04-05

M.M.SATHAYE, SUNIL B.SHUKRE

body2023
JUDGMENT Sunil B. Shukre, J. - Heard. 2. Rule. 3. Rule is made returnable forthwith. With the consent of the parties, the petition is taken up for final disposal at the stage of admission itself. 4. This Court by order dated 02.03.2023 had recorded the fact that the underlying dispute between the present crime has been amicably settled between the applicants on the one hand and Respondent No.2/original complainant on the other. This Court had also found that Respondent No.2 was not the only investor who had deposited such money with the petitioners, who is the accused-person in Crime No.495 of 2021 registered with Shivaji Park Police Station, Mumbai; but there were 11 other persons who had also deposited their money with the petitioners. This Court had also directed the concerned officer of Shivaji Park Police Station, Mumbai to verify whether the matter is amicably settled between the applicants and 11 investors and submit his report to this Court accordingly. This Court had further directed the Investigating Officer to also give instructions to the learned APP as to whether or not apart from Respondent No.2 and 11 investors, other persons have been cheated by the petitioners. 5. Today, the report is tendered to this Court. The same is taken on record and marked collectively as document 'A'. Report is sent by the Senior Police Inspector, Shivaji Park Police Station, Mumbai. Below the signature, of course, the name of Senior Police Inspector is not written. This report has been brought to this Court by PSI Ms Shubhangi More, Shivaji Park Police Station, Mumbai, which is taken on record. This report states that there is an amicable settlement between the complainant and accused-persons on the one hand and the investors on the other and that upon verification made by the officer, it is found by the officer that, the complainant and the investors have no objection if the settlement between them is accepted by this Court. The report does not say anything about possibility of other investors having been cheated by the petitioners. However, learned APP upon instructions states that there is no other investor apart from the complainant and 11 persons who have tendered consent affidavits to this Court, who have been cheated by the petitioners. 6. The report does not say anything about possibility of other investors having been cheated by the petitioners. However, learned APP upon instructions states that there is no other investor apart from the complainant and 11 persons who have tendered consent affidavits to this Court, who have been cheated by the petitioners. 6. The dispute underlying the crime registered against the petitioners as alleged by all the investors in their consent affidavits and also by the complainant in his complaint made to Shivaji Park Police Station, Mumbai, is private in nature involving no angle of public policy, and therefore, we are of the view that if such a crime is quashed and set aside by accepting amicable settlement between the parties, it would cause no harm to the public policy in any manner. 7. This being so, in the facts and circumstances of the case, we find no difficulty in accepting amicable settlement and we do accept the same accordingly only for the purpose of quashing and setting aside the crime registered against the petitioners. 8. In the result, the petition is allowed in terms of prayer clause (c) which reads as under, subject to the following conditions :- (i) That this Hon'ble Court be pleased to quash FIR in CR No.495/2021 registered with the Shivaji Park Police Station, Mumbai. (ii) Each of the petitioners, Respondent No.2 and each of remaining 11 investors, who have tendered their consent affidavits in the Court, shall deposit an amount of Rs.10,000/-each in the account of Maharashtra State Legal Services Authority, Mumbai, within a period of four weeks from the date of this order, failing which this order shall stand cancelled automatically and this petition shall stand restored to the original file and be placed before this Court for further directions. (iii) Rule is made absolute in the aforesaid terms. (iv) The Petition is disposed of. No costs. 9. Put up for compliance on 14th June, 2023.