IN THE HIGH COURT OF JUDICATURE AT BOMBAY

DISTRICT MUMBAI

Criminal Appellate Jurisdiction

Writ Petition No._________ of 2014

In the matter of Section

482 of Cr. P.C.

AND

In the matter o f F.I.R. No.

07/2014 dated 05.01.2014

registered with the Tardeo

Police Station, Mumbai u/s. 406

of IPC.

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Shripal Multanmal Jain )

Aged 33 Years, Occupation _____ )

Adult, Hindu, Indian Inhabitant )

Residing at Prathmesh Tower, )

Behind Hatti Baug, Link Road, )

Shimpoli, Boriwali (west), Mumbai. )…….. Petitioner

Original Accused)
V/s.
1. State of Maharashtra )

At the instance of )

Tardeo Police Station )

Mumbai )

2. Nimish Mansukhlal Vora )

Aged 40 Years, Occupation: Business )

Adult, Hindu, Indian Inhabitant, )

Residing at 81, Bharat Mahal, 23-D )

Doongarshi Road, Walkeshwar, )

Mumbai – 400 006. )……. Respondents

(Respondent No.1
Original Complainant)

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 TO,
THE HON’BLE THE CHIEF JUSTICE AND OTHER
JUDGES OF THIS HON’BLE COURT.

THE HUMBLE PETITION OF THE

PETITIONER ABOVE NAMED

MOST REPECTFULLY SHEWITH

1. This petition is filed for quashing of C.R. No. 466/2012

registered by Malad Police Station for an offence punishable

u/s 448, 454,380,427,295 and 34 of IPC and registered

against the petitioners herein on the complaint of the

respondent no.3 herein ;

2. The Petitioners abovenamed are resident of Mumbai,

residing at the address mentioned in the title. The

Petitioners are original accused in the above C.R. No.

466/2012 ;

3. The Respondent is the original complainant who lodged a

complaint registered vide C. R. No. 7/2014 alleging an

offence u/s 406 of Indian Penal Code against the Petitioner

on 05.01.2014. The Petitioner states that complaint arises

wholly out of private dispute between the Petitioner and

Respondent no. 2. The petitioner is the original accused in

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 C.R.No. 7/2014 and respondent no.2 is the original

complaint ;

4. On the complaint of the respondent no.2 herein,C.R.No. 7 of

2014 came to be registered by Tardeo Police Station against

the petitioner whereby the petioner was arrested on

23/01/2014 and released on bail Ld. Metropolitan

Magistrate, Court on 11/02/2104 ;

5. BRIEF FACTS OF THE CASE IS AS UNDER ;

3A. The Petitioner and Respondent is carrying on business of

development and construction and taking tender from

government and carrying on government work of

construction on tender received from the government ;

3B. The respondent no.2 is the Director of one “Kavya

Buildcon Pvt. Ltd.” dealing in the construction and

Development of Land.

3B. That some dispute about business transaction took place

with regard to business being carried on between them

whereby the respondent no.2 lodged above complaint and

thereby above C.R. No. 7 of 2014 came to be registered

against the petitioner herein ;

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3C. The Petitioner state that on 05.01.2014 the Respondent

no.2 lodged a complaint against the Petitioner contending

that Petitioner have committed breach of trust as the

Petitioner, who was allegedly liaison officer of the

respondent no.2, misappropriated with the amount of Rs.

24,50,000/- which was given by the respondent the work of

project assigned to the Petitioner ;

3D. It is contended in the said FIR that the 2nd Respondent

have undertaken construction project at Khardi, Tal

Shahapur, Thane, Badlapur. The Petitioner meantime

formed a company as “Samkit Engineers”. The 2nd

Respondent assigned the Civil work to be carried out at the

above said project to the Petitioner and for that purpose the

2nd respondent have provided fund to the Petitioner by way

of cheque & R.T.G.S.;

3E. It is further alleged that that the Petitioner have

misappropriated that fund and utilized for his own company

i.e. Samkit Engineers and not allegedly completed the civil

work of the abovesaid project which was assigned by the 2nd

respondent;

3F. The said complaint is lodged vide F.I.R. No. 07/2014

against the Petitioner on 05.01.2014 with Tardeo Police

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 Station, Mumbai. Hereto annexed and marked Exhibit-“A” is

the copy of said FIR No.07/2014;

3G. In the result of the F.I.R., the petitioner filed an

application for bail before the Ld. Metropolitan Magistrate

Court at Girgaum and was in remand for one day and

released on bail on 11/02/2014 ;

6. The Petitioner state that on the basis of above said F.I.R.

Criminal Complaint Came to be filed before Metropolitan

Magistrate, 4th Court, Girgaum Mumbai being case No.

___________ ;

7. The Petitioner states that in the meantime the parties i.e.

Petitioner & 2nd respondent decided to settle all their

disputes and agreed to withdraw all the allegations &

proceedings made against each other. Accordingly,

Memorandum of Understanding dated 23/02/2014 came of

be arrived between them. Annexed hereto and Marked

Exhibit-“B” is a copy of Memorandum of Understanding

dated 23/02/2014 arrived between the Petitioner and 2nd

respondent ;

8. The Petitioner states that pursuant to the clause 6 to 9 of

the said Memorandum of Understanding the 2nd respondent

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 has agreed to co-operate the petitioner for getting the F.I.R.

being No. 07/2014 and Criminal case arising out of said

F.I.R. quashed and the 2nd respondent does not have any

objection if the said F.I. R. is quashed by this Hon’ble Court;

9. Therefore, the Petitioner now filing this present application

for quashing F.I.R. being no. 07/2014 dated 05.01.2014

lodged by the 1st Respondent with Tardeo Police Station,

Mumbai & Criminal Complaint arising out of the said F. I. R.

pending o the file of Metropolitan Magistrate, 4th Court,

Girgaum, Mumbai ;

10. The Petitioner states that the dispute giving rise to the

present complaint is entirely of private nature. There is no

offence against the society at large & since parties have

settled the disputes between themselves they also desire to

end the criminal complaint between them. The Petitioner

submits that no fruitful purpose would be served by the

contribution of said criminal complaint ;

11. The Petitioner state that therefore, Application

approaches this Hon’ble court is its Jurisdiction under

section 482 of Cr. P. C. for quashing the F. I. R. being No.

07/2014 dated 05.01.2014 lodged by 1st Respondent with

Tardeo Police Station, Mumbai, Exhibit “A” hereto and this

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 Hon’ble Court be pleased to exercise its description in favour

of the Petitioner to quash the Criminal Complaint being no.

______ arising out of the said F. I. R. before Metropolitan

Magistrate, 4th Court, Girgaum, Mumbai ;

12. The Petitioner state that there is no other efficacies

remedy saves and except the present petition ;

13. The applications have not filed any other application

for similar relief before this Hon’ble Court or any other

court;

14. The Petitioner crave leave to add, alter or amend this

present application as and when required ;

15. The Petitioners therefore prays that :-

(a) That this Hon’ble Court by its writ, order or direction

of appropriate nature be pleased to quash and set aside

the F. I. R. No. 07/2014 dated 05.01.2014 registered

with Tardeo Police Station, Mumbai, u/s. 406 and 420 of

IPC and criminal case pending on the file of Metropolitan

Magistrate, 4th Court, Girgaum, Mumbai arising out of

said F. I. R.

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 (b) Pending the bearing and final disposal of the present

petition all the proceeding including the filing of Charge

Sheet in F. I. R. 07/2014 registered with Tardeo Police

Station, Mumbai u/s. 406 & 420 of IPC be stayed ;

(c) Any other such order as this Hon’ble Court may deem fit

and proper.

Mumbai, dated this 6th day of March 2014.

Advocate for the Petitioner. Petitioner

VERIFICATION

I, Shripal Multanmal Jain, Adult, Indian Inhabitnat residing at

Prathmesh Tower,Behind Hatti Baug, Link Road, Shimpoli, Boriwali
(west), Mumbai,do hereby state on solemn affirmation that what
is stated herein above is correct and true to the best of my
knowledge and I believe the same to be true.

Solemnly affirmed at Mumbai )

On this 6th day of March 2014 )

Explained & Identified by me

Advocate for the Petitioner Petitioner

Before me