Rajesh Durgaprasad Mishra And ORS v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 14 OF 2024 Rajesh Durgaprasad Mishra and Others ... Applicant
Versus
The State of Maharashtra and Anr.
...Respondents
....
Mr. Mukesh Pandey, Advocate for the Applicant. Mr. Balwant Salunkhe for Respondent No.2.
Ms. Rutuja Ambekar, APP for the Respondent - State. Mr. Mahavir Kamble (P.S.I.) Pelhar Police Station, Vasai-Virar, Palghar, present.
....
CORAM
:
PRAKASH D. NAIK, & N. R. BORKAR, JJ.
DATE :
7th MARCH, 2024.
P.C.
:
1.
Leave to amend prayer clause. Amendment may be carried out forthwith.
2.
This is an application for quashing the First Information Report (for short 'FIR') dated 17.09.2023 registered with Pelhar Police Station, District Mira Bhayandar, Vasai-Virar for offences punishable under Sections 354, 323, 504 & 506 r/w Section 34 of Indian Penal Code (for short "IPC").
3.
Learned A.P.P. on instructions submitted that the charge-sheet Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:
2024.03.08 18:42:13 +0530 is filed on 24th November 2023.
SAJAKALI LIYAKAT JAMADAR
4.
The parties have resolved the dispute. The Complainant/ Respondent No.2 is present in the Court. She is represented by the Advocate. She has no objection for quashing the FIR. She has filed Consent Affidavit dated 07th March, 2024, stating that she had purchased Room No.5 in Mishra Compound, Hare Rama Hare Krishna Mandir, Tiwari Nagar, Jadhavpada, Dhaniv Baug, Nallasopara (East) Taluka Vasai, District Palghar on 22.01.2023 from the applicant and Agreement for Sale was executed between the parties. Consideration amount for the room was fixed for Rs.4,00,000/-. She has paid an amount of Rs.1,00,000/- at the time of execution of agreement and balance amount was to be paid before 25.02.2023, out of which she has paid 1,10,000/- and now she has paid 1,90,000/-. The applicant was demanding the amount towards consideration. Due to misunderstanding the FIR was registered. The affidavit is taken on record. 5.
The parties have settled the dispute and the complainant has no objection for quashing the FIR, the relief sought in this application can be allowed.
ORDER
i.
Criminal Application No.14 of 2024 is allowed and disposed off;
ii.
Criminal Proceedings in C.C. No.3618/2023 pending before the learned J.M.F.C. Vasai Court which are arising out of FIR No.866/2023 registered with Pelhar Police Station, District Mira Bhayandar, Vasai-Virar is quashed and set aside. iii.
The Applicant shall pay cost of Rs.25,000/- to Advocates Association of Western India Generation Next within a period of three weeks from today. The Account details are as under:
Account Name : Advocates Association of Western India Generation Next A/c No.
: 000110110007807 Bank Name : Bank of India Branch Name : Mumbai Main IFSC Code : BKID0000001 iv.
The receipt of payment of cost be produced in the Registry of this Court within one week thereafter. v.
List the application for reporting the compliance after five weeks.
(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)