Mumbai: The Bombay High Court has quashed an FIR and chargesheet against seven residents of a building in Virar (E) who were charged with extortion on a developer’s complaint that they threatened him to pay them Rs 25 lakh each.
During May 9 and June 12, 2017 meetings held in a Vasai hotel to discuss a settlement, they demanded Rs 25 lakh to ensure no more trouble nor obstruction to last wing construction. On his complaint, on June 14, 2017, Vasai police registered the FIR. Joshi’s advocate A R Gole said the total Rs 1.75 crore demand was highly disproportionate and amounts to extortion.
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“The transcripts, prima facie, do not indicate that the respondent (developer) was put in any fear of injury or even threatened as would be required to make out an offence of extortion under Section 385,” he added. Ashutosh Joshi had completed four of five-winged Mohak House, according to the FIR. The residents’ advocate Amit Ghag said the FIR was a counter blast to the consumer complaint. Justice Bhonsale noted the parties had “mutually agreed” to meet for settlement talks. The judge said“only demanding an exorbitant and/or disproportionate amount by itself does not attract” Section 385. The “essential ingredients” are intentional threat or fear of injury and inducing such person to deliver property.
Some B wing residents had issues and filed a consumer complaint. They threatened that if their demands were not met, Joshi’s life would be made difficult. Joshi had video recorded the conversations. The entire tone and tenure of the conversation was that of “a discussion, negotiation and attempt to settle issues. The flat purchasers “demanded compensation for trouble and stress they and their families had undergone. They proposed to sell their flats and move out and also withdraw proceedings. Download the TOI App.
Justice Ranjitsinha Bhonsale on Tuesday said that from the transcripts, it is clear that what was discussed was “plain and simple settlement proposal and matters/issues incidental to the said settlement.