- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPLICATION NO.2996 OF 2008 APPLICATION NO.2996 OF 2008 APPLICATION NO.2996 OF 2008 1.Ravindrasingh Krishnasingh Khatri 2.Navnath Raghu Bodhane 3.Anwar Yusuf Patel 4.Vasant Murlidhar Avhad ...Applicants vs. 1.Smt.Vanaja Shayamlal Nair 2.Smt.Shobha Viraj Wankhede 3.Smt.Vanaja Shyamlal Kumar Nayar 4.Smt.Shobha Vijay Wankhede 5.Dr.Sanjeev Wankhede ...Respondents Mr.Sandeep Shinde i/b Mr.Sagar Kasar for the applicants MR.J.P.Yagnik A.P.P. for State Mr.Sanjeev Kadam for Respondent Nos.1 and 2. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : SEPTEMBER 26,2008 : SEPTEMBER 26,2008 : SEPTEMBER 26,2008 ORAL JUDGMENT: ORAL JUDGMENT: ORAL JUDGMENT: 1. Rule. The learned Advocate for Respondent Nos.1 and 2 waives service. The learned A.P.P waives services for Respondent No.6. 2. By this application under section 482 of the Code of Criminal Procedure,1973 (hereinafter referred to as the said Code), the prayer is for quashing the F.I.R. registered at Dindori Police Station, Nashik. The first informant is the first Respondent. The F.I.R was registered on the basis of an order under section 156 (3) of the Code of Criminal Procedure,1973 passed by the learned Magistrate on a private complaint filed by the 1st and 2nd Respondents. The - 2 - allegation in the F.I.R. is that the first informant purchased certain immovable property by a registered sale deed duly registered on 26th September 2000. The property was purchased by her along with second Respondent. It is stated that the first Respondent is the permanent resident of State of Madhya Pradesh. It is stated that when her husband approached the concerned Talathi for getting the extract of revenue record, it was found that in the revenue record the name of the first petitioner was shown as a purchaser. Thereafter, the first Respondent learnt that a sale deed was got executed on 28th March 2007. The allegation is that the owners who portrayed themselves to be the Respondent Nos.1 and 2 were impostors and they had pretended themselves as the owners. They have been arraigned as 1st and 2nd accused. The third accused was purportedly shown as the purchaser of the said property in the sale deed and fourth and fifth accused identified the alleged vendors. The first and second accused allegedly portrayed themselves as Respondent Nos.1 and 2 respectively. The allegation is of hatching conspiracy. An allegation is made of commission of offences under sections 446,411,468 and 471 r/w section 34 and 120-B of the Indian Penal Code. 3. The Respondent Nos.1 and 2 have filed Affidavit. Their affidavits are more or less similar. Paragraph 2 and 3 of the Affidavit of the first Respondent read thus : - 3 - "2). I say that I came to know about a transaction entered into between the Respondent no.3 and 4 and the Applicant No.1 herein. That after taking necessary and required search, Respondent No.1 have filed Special Civil Suit No.333 of 2008 for cancellation of the transaction on 28th March 2007 in respect of the land in question. Against the Applicant No.1 have also filed the Criminal Complaint No.68 of 2008 in the Court of the learned Judicial Magistrate First Class, Dindori, District Nashik under section 420, 416, 441, 465, 468, 471, 109 of the Indian Penal Code in which the order u/s 156 (3) came to be passed and in pursuance thereto the Crime No.52/00 dated 13th June 2008 has been registered against these Applicants and the Respondent No.3 herein. 3). I say that the Applicant No.1 has executed a Deed of Reconveyance on 4th August 2008 in respect of the land in question in our favour whereby he has reconveyed the said land to us. The said reconveyance has been registered with the Sub-Registrar of Assurance, Dindori, District Nashik. I say that at present I am in possession of the said land. I further say that since the land has been reconveyed to me and the respondent no.2 as no claim is now pending against the Applicants, I record my consent to compound and/or for quashing the FIR / Crime No.52/08 - 4 - registered against the applicants, at our instance with Dindori Police Station, Nashik." 4. The learned counsel for the applicants have produced on record a certified copy of the consent terms filed in the suit filed by the first respondent against the petitioners. In the said consent terms, the petitioners have confirmed that the possession of the land in question was always with first and second respondents. It is recorded that the reconveyance has been executed in favour of the Respondent Nos.1 and 2. 5. The learned A.P.P opposed the petition by pointing out that the F.I.R was registered on the basis of the order passed by the learned Magistrate on a private complaint filed by the Respondent Nos.1 and 2. He submitted that it was for the Investigating Officer to ascertain whether any offence was made out and to submit an appropriate report to the learned Magistrate and if the offence was not made out, the learned Magistrate is bound to pass an appropriate order. 6. Perusal of the documents on record and in particular affidavit of Respondent Nos.1 and 2 and certified copy of the consent terms shows that now there is a complete settlement between the applicants and the Respondent Nos.1 and 2. The Applicants have affirmed the title and possession of the Respondent Nos.1 and 2 over the suit property. - 5 - 7. In so far as the power of this court under section 482 of the said Code is concerned, the law laid down by the Apex Court is well settled. In case of Madhavrao J. Scindia Vs.Sambhajirao C. Angre [(1988) 1 SCC page 692], the Apex Court held that after taking into consideration special facts of the case before it, where in the opinion of the High court the chances of ultimate conviction are bleak and no useful purpose will be served by allowing the proceedings to be continued, the power of quashing can be exercised. It is true that the only on the ground that chances of ultimate conviction are bleak, proceedings of criminal case cannot be quashed, but surely this is only one of the considerations while exercising power under section 482 of the said Code. In the case of B.S.Joshi and others vs. State of Haryana ( AIR 2003 S.C. page 1386) the Apex Court has held that if for the purpose of securing ends of justice, quashing of F.I.R is necessary, Section 320 of the said Code of 1973 would not be a bar to the exercise of the said power. However, it ultimately depends upon the facts and circumstances of the each case whether F.I.R can be quashed. In the said case, the F.I.R was lodged by wife for commission of an offence under section 498-A of the Indian Penal Code. Subsequently, there was a settlement between the husband and wife. The Apex Court exercised inherent powers and quashed the F.I.R. - 6 - 8. Coming to the facts of the present case, the dispute was essentially relating to an immovable property. The first Applicant has now executed a sale deed (reconveyance) in favour of the first and second Respondents. The Applicants and in particular the first applicant has re-affirmed the fact that the first and second Respondents are the owners of the property and that they are in possession thereof. 9. It is true that the allegations in the F.I.R are of serious nature, but now there is a settlement of dispute regarding the property between the parties. In such a situation, chances of prosecution ending in conviction are very bleak. In peculiar facts of the case there is no reason to continue the criminal prosecution in the light of settlement of the dispute between the parties. It is true that the investigation is in progress. However,considering the peculiar facts of the case, carrying out further investigation will be of no use. In the circumstances, a case is made out for exercising power under section 482 of the said Code. 10. Hence, I pass the following order : i) Rule is made absolute in terms of prayer clause (a). - 7 - JUDGE JUDGE JUDGE