HVN IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 1242 OF 2008 Jitendra Mansukhlal Shah ... Petitioner Versus The State of Maharashtra and Ors.. Respondents Mr. S.P. Munghate for the Petitioner. Mr. P.S. Hingorani, A.P.P. for State. CORAM: BILAL NAZKI CORAM: BILAL NAZKI CORAM: BILAL NAZKI & A.A. KUMBHAKONI,JJ. A.A. KUMBHAKONI,JJ. A.A. KUMBHAKONI,JJ. DATED: JULY 14, 2008 DATED: JULY 14, 2008 DATED: JULY 14, 2008 P.C. P.C. P.C. . This petition has been filed for quashing C.R. No. 50 of 2007. This is divergence of the person on whose instance the F.I.R. has been registered and who have now approached the court for quashing of the F.I.R. The law has been made to sing on the tune of unscrupulous persons and there is growing trend that the complaints made before the police are being made for the purpose of settling the disputes. . The complaint under Section 406, 420 read with 34 of the I.P.C. was registered by the police. Thereafter it appears that the complainant and the accused arrived at a settlement and therefore, the complainant himself wants now to quash the F.I.R. He wrote a letter to the Authorities subsequent to his statement which was recorded in detail thus registering the case by the police concerned. The detailed statement which runs atleast in seven pages was recorded on 25.7.2007 by the police concerned. Thereafter he filed an application before the police on 3.10.2007 stating that non-applicant came to his office and made full and final settlement into the matter and therefore, no further grievance are remained hereinafter. . It would thus prima facie appear that the registration of F.I.R. was used to recover moneys from the non applicant. This state of affairs cannot be allowed to go on and on. . In the counter affidavit the police has clearly stated that prima facie on the basis of evidence collected, they found that the case was made out against the accused. We have also gone through the F.I.R. and the statement of the complainant/Petitioner, which discloses prima facie case for investigation. Therefore, F.I.R. cannot be quashed at this stage. It is open to the Petitioner during the trial to support what he had stated before the police or to support the accused. In such case the court at proper stage will take care of the matter but prima facie we find that the offence has been committed by the Petitioner by writing letter dated 3.10.2007 to the Police under Section 203 of the I.P.C. . The Police Officer concerned is directed to look into the matter. If the first version of the complainant is accepted, then somebody has committed the offence. If his second version is accepted, then the Petitioner himself has committed the offence under Section 203 of the I.P.C. . Therefore, without going into the merits, we direct the police to investigate the case under Section 203 of I.P.C. against the Petitioner on the basis of letter written by him on 3.10.2007. (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (BILAL NAZKI,J.) (BILAL NAZKI,J.) (BILAL NAZKI,J.)