Observing that the police apparatus was used to settle a private dispute and later the parties decided to settle it, the Bombay High Court agreed to quash the criminal case after the parties filed Rs 2.5 lakh each with the Maharashtra State Legal Services Authority.
A divisional bench consisting of judges Prasanna Varale and Anil Kilor asked the parties to deposit the amount within four weeks or else the FIR will automatically be revived.
While quashing the complaint, the HC observed: “Having gone through the contents of the FIR and the allegations made in the FIR, it reveals that no element of public law is involved in the present matter and that the dispute is settled. , it would be a futile exercise to allow the trial to continue… We believe that it would be useless to keep the criminal proceedings pending if not to weigh down the criminal courts which are already overloaded.
On December 15, 2021, a certain Rajeshkumar Mishra filed an FIR, on behalf of his company M/s Lloyd Insulation (India) Ltd, against Basant Mishra for cheating.
According to the complaint, Basant, who was the project manager at their Mahul site, allegedly showed an inflated number of workers and manipulated workers’ invoices for their salaries. He even sold the scrap on the site and deposited less money in the company’s account.
Later the parties settled the dispute and Basant approached the HC to cancel the FIR.
Basant’s lawyer, Abhishek Mishra, informed the HC that he would refund the dues to the company.
The company’s lawyer, Jitendra Mishra, informed the HC that he had no objection to the cancellation of the FIR since Basant had agreed to refund the dues.
The HC quashed the FIR observing: “The continued prosecution of the plaintiff (Basant) in this case will amount to an abuse of the legal process and, therefore, it is in the order of things to quash the FIR. and to submit the proceedings in order to secure the ends of justice.
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Posted: Sunday February 13th 2022, 06:00 IST