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2023 Supreme(Guj) 1266

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, J.
Milind Mukund Joshi – Appellant
Versus
State Of Gujarat & others – Respondents
R/Criminal Misc.Application No. 783 of 2014
Decided on : 18-05-2023

Advocates:
Advocate Appeared:
For the Appellant : MR. MIHIR JOSHI, SENIOR COUNSEL FOR M/S WADIAGHANDY AND CO.
For the Respondent: MR. BHADRISH S RAJU, MR L B DABHI, APP

Headnote:(A) Indian Penal Code - Sections 506(2), 507, and 114 - Gujarat Police Act - Section 135(1) - Quashing of FIR - Allegations of criminal intimidation considered inherently improbable and absurd; case deemed an abuse of legal process; application was filed to prevent malafide prosecution stemming from civil disputes - Categories enumerated in Bhajan Lal case attracted. (Paras 1, 3, 29)

(B) Legal Standards - Inherent powers of High Court under Section 482 Cr.P.C. should be used sparingly to prevent abuse; past judgments clarify when quashing is warranted. (Paras 13, 14)

Facts of the case:
Applicant sought to quash FIR for intimidation claims made by informant; ongoing civil disputes regarding company shares were present, along with allegations of threats made during negotiation.

Findings of Court:
Court held that FIR should be quashed due to abuse of process and nature of allegations.

Issues: The threshold question was whether the allegations constituted a cognizable offence and the legitimacy of the FIR due to the civil context.

Ratio Decidendi: The court reasoned that where the allegations are so improbable that no prudent person could believe them, the FIR ought to be quashed to prevent abuse of judicial process.

Result: Application allowed; FIR quashed.

Table of Content
1. overview of application to quash fir. (Para 1 , 2)
2. court's reasoning related to inherent improbability. (Para 3 , 8 , 9 , 18)
3. arguments for quashing based on improbability and malafide. (Para 7 , 10 , 11)
4. application of high court's inherent powers. (Para 23 , 24 , 29)
5. final order and conclusion to quash fir. (Para 30)

JUDGMENT :

1. By this application, under Section 482 of the Code of Criminal Procedure, the applicant-original accused Mr. Milind Joshi, resident of Mumbai (Maharashtra), seeks quashment of First Informant Report (FIR) bearing C.R.No.II-3275/2013 dated 20.12.2013 registered with Satellite Police Station, Ahmedabad, for the offences punishable under Sections 506(2), 507 and 114 of IPC read with Section 135 (1) of the GUJARAT POLICE ACT .

2. Facts and circumstances giving rise to file present application are as follows:-

2.1 A Company IDFC Project Equity Company Ltd. (now referred to as 'IDFC') is involved with investment in companies engaged in the infrastructure sector. The applicant accused was serving with IDFC and authorized signatory of the India Infrastructure Firm (IIF), which is domestic venture capital firm registered with SEBI. A company Hanjar Biotech Pvt. Ltd. and Hanjar Biotech Energies Pvt. Ltd., managed and controlled by the persons, known as Group of Furniturewala. The third respondent – original informant is associated with both the companies and authorized representative of it. In 2009, IDFC through IIF, invested Rs.250 crore in Hanjar Energies Ltd. by executing share subscription agreement and shareholder agreement. In 2013, dispute arose between the parties and accordingly, the third respondent and others associated with the Hanjar Pvt. Ltd. decided to buyback (purchase) the shares sold to IIF. Parties had entered into agreement and agreed to pay Rs.154.50 crore towards consideration of purchase of shares. After making some amount by purchaser company, again dispute arose for audit reports, mismanaging the affairs of the company and oppressing the interest of the minority of the company i.e. IIF and others. The applicant accused being a signatory authority of IIF filed Company Petition for various reliefs.

2.2 On 05.12.2013, the third respondent Nadeem Furniturewala came at Ahmedabad and he stayed at Hotel Mariott, Satellite area, Ahmedabad. According to case of the informant, the applicant used to threaten the informant telephonically and asked to pay the remaining amount of purchased shares and further threatened that if amount is not paid in time limit, he will resign from the Directorship of the company and also tarnish the image of the company. It is further alleged by the third respondent that he along with others fed-up with the conduct of the applicant accused and accordingly, they had paid three installments of due amount. It is further alleged that despite of the amount paid, threat was given by the applicant accused. It is further alleged by the informant – third respondent that, on 05.12.2013, when he along with his PRO were on walk nearby Mariott Hotel, four unknown persons holding sticks came and asked the third respondent to talk with the applicant accused on his mobile. The third respondent made a call to the applicant accused and during conversation, he was threatened over the phone that, “if any action is taken against him, he will cause damage to the reputation and personally harm to the third respondent”. It is further alleged by the informant that the unknown persons further said that he is under their surveillance and therefore, directed him to go straight to the hotel. It is further alleged that, due to such incident, he was under shock and trauma and on the next date i.e. 06.12.2013, he filed a written complaint to the Police Commissioner, Ahmedabad and accordingly, the FIR came to be registered on 20.12.2013 for the offence under Sections 506 (2), 507 and 114 of IPC.

3. In the aforesaid facts, the applicant - original accused has preferred this app

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