1 APL.1018-2011 acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.712 OF 2011 IN CRIMINAL APPLICATION NO. 1018 OF 2011 Sarita Sequeira ..Applicant. Vs. The State of Maharashtra & Ors. ...Respondents. WITH CRIMINAL APPLICATION NO.711 OF 2011 IN CRIMINAL APPLICATION NO. 1003 OF 2011 Ranu Jain ..Applicant. Vs. The State of Maharashtra ...Respondent. WITH CRIMINAL APPLICATION NO. 713 OF 2011 WITH CRIMINAL APPLICATION NO.1294 OF 2011 C.R. Rajesh Nair & Anr. ..Applicants. Vs. The State of Maharashtra & Ors. ...Respondents. ---- 2 APL.1018-2011 Mr. Shirish Gupte, Sr.Counsel i/b Mr.Ashwin C. Hawelikar, for Applicant in APL Nos.1018 & 1294/2011. Mr. A.P. Mundargi, Sr.Counsel i/b Mr. Rajesh S. Patil, for Applicant in APL-1003/2011. Mr. Pervez Memon i/b MZM Legal, for Respondent Nos.2 and 3 in all APLs. Mr. P.S. Hingorani, A.P.P. for the State. ---- CORAM: V.M. KANADE & M.L. TAHALIYANI, JJ. DATE : DECEMBER 20, 2011. P.C.:- 1. Heard learned counsel for the respective applicants and the respondents and learned A.P.P. for the State. 2. The applicants have filed this applications seeking reliefs namely (i) defreezing the bank accounts,(ii) return of the passport and(iii) and releasing the movable and immovable properties from the applicant.The respective Criminal Applications have been filed for quashing the F.I.R. which has been registered against the applicant for various offences punishable under Sections 420, 465, 467, 468 and 471 of I.P.C.These Offences were initially registered with the Economic Offence Wing. 3 APL.1018-2011 3. In the complaint, main allegation was that the applicants had misappropriated the huge amount of the Company. Learned counsel appearing for the applicants have submitted that now the parties have settled the internal dispute and have filed the Deed of Settlement and there is an agreement between the parties that the complaint and proceedings shall be disposed of in terms of the Deed of Settlement. It is further submitted that the entire procedure for taking steps and settling the dispute as per the Deed of Settlement would take some time and during the intervening period, it is necessary to defreeze the account which was frozen by the Police so that the applicants can fulfill the assurances and undertakings which were given by them in the Deed of Settlement. It is also submitted that the passport of the applicants in Cr. Application No. 713/2011 may be returned to enable the applicants to travel abroad and to complete the incomplete transactions. It is further submitted that the quashing of F.I.R. may be kept pending till the promises and assurances given by the applicants to the complainant and others are fulfilled. 4 APL.1018-2011 4. Learned A.P.P. has filed an affidavit-in-reply and submitted that the complaint may not be quashed since after investigation it was revealed that there is some material against the present applicants. It is also submitted that the bank account may not be released and the passport may not be returned. 5. After having heard the learned counsel for the respective parties and the learned A.P.P., we are of the view that since the dispute between the parties is personal one and no injury is caused to the public at large on account of internal dispute, there is no impediment at this stage in defreezing the bank accounts of the applicants which are frozen by the Police during course of the investigation. Since the Deed of Settlement is already on record and parties have started taking steps pursuant to the said Deed of Settlement arrived at between the parties, at this stage we do not propose to quash the complaint which has been filed against the applicants. However, we direct the Police to defreeze the bank accounts and to return the passport to the applicants, and also to release the immovable as well as movable properties which are attached by the Police. 5 APL.1018-2011 6. Accordingly, (i) Criminal Application No.711/2011 is allowed in terms of prayer clauses (a) and (b). (ii) Criminal Application No.712/2011 is allowed in terms of prayer clauses (a) and (b). (iii) Criminal Application No.713/2011 is allowed in terms of prayer clauses (a), (b) and (c). 7. Place Criminal Applications on board in the first week of July, 2012. Interim orders, if any, to continue till then. (M.L. TAHALIYANI, J.) (V.M. KANADE, J.)