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
| 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
Harshendra Kumar D. Vs. Rebatilata Koley and Ors. 2011 (3) SCC 351
Inder Mohan Goswami and another vs. State of Uttaranchal
Janata Dal vs. H. S. Chowdhary
Kapil Agarwal and others vs. Sanjay Sharma and others
Manoj Mahavir Prasad Khaitan vs. Ram Gopal Poddar and another
R. Kalyani Vs. Janaksi Mehta & Ors. 2009 (1) SCC 516
The main legal point established in the judgment is that the inherent power under section 482 of the Criminal Procedure Code should be sparingly used and only in exceptional cases to prevent abuse of....
The main legal point established in the judgment is the court's power to quash proceedings under Section 482 of the CrPC to prevent abuse of the process of law and to secure the ends of justice.
The court established that the inherent power to quash FIRs under Section 482 Cr.P.C. should be exercised cautiously and only in rare cases where no cognizable offence is disclosed.
The court established that allegations in the FIR did not constitute extortion or criminal intimidation, emphasizing the distinction between civil disputes and criminal offences.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.