Diksha Brijlal Dange v. The State Of Maharashtra And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 32 OF 2024 Diksha Brijlal Dange ...Applicant
Versus
The State Of Maharashtra And Anr.
...Respondents
....
Mr. Kiran Varma, Advocate for the Applicant.
Mr. R.B. Mungekar, Advocate for Respondent No.2. Mrs. M.M.Deshmukh, Addl.APP for the Respondent - State. Mr. Sandip Sonwalkar, PSI, Antop Hill Police Station, Mumbai. ....
CORAM
:
PRAKASH D. NAIK, & N. R. BORKAR, JJ.
DATE :
8th MARCH, 2024.
P.C.
:
1.
The Applicant is charge-sheeted for offences under Sections 406, 420, 465, 468, 471 of Indian Penal Code (for short 'IPC'). The First Information Report (for short 'FIR') was registered on 11th December, 2022 with Antop Hill Police Station vide C.R. by SUNNY ANKUSHRAO THOTE Date:
2024.03.14 10:29:29 +0530 SUNNY ANKUSHRAO THOTE No.359 of 2022 for offences under Sections 406, 420, 465 and 468 of IPC at the instance of Respondent No.2.
2.
The grievance of the complainant was that the Accused had represented the complainant that job opportunity will be provided in the company by showing false appointment letter and
she was induced to part with the amount. During the course of investigation it was revealed that apart from the first informant there are five other aggrieved persons from whom purportedly the amount was accepted.
3.
It is submitted that the parties have resolved the dispute. The complainant and all the other aggrieved persons have received the amount obtained from them by the Accused and they have no objection for quashing the impugned proceedings. The first informant is present in the Court. The five other aggrieved persons were present in this Court on 16th February, 2024 and they have filed affidavit of consent. The aggrieved persons namely Smt. Anita Ranjitkumar Devendra, Shri. Murthy Algan Devendra, Smt. Paravathy Ganesh Devendra, Shri. Shivkumar Madiyalagan Devendra, Smt. Sarita Suresh Wasan, Smt. Sunita Algan Devendra have stated before the Court they have settled dispute and they have no objection for quashing the impugned proceedings. 4.
The Respondent No.2 who is present in the Court indicated that she has no objection for quashing the impugned proceedings.
5.
The affidavit of Respondent No.2 and all the other aggrieved persons are on record.
6.
Learned APP on instruction submitted that there are no criminal antecedents against the Applicant. In the light of settlement between the parties the impugned proceedings can be quashed.
7.
Considering the aforesaid circumstances, the proceedings can be quashed.
ORDER
i.
Criminal Application No.32 of 2024 is allowed; ii.
The proceedings in C.C. No.395/PW/2023 pending before the Court of learned Magistrate 61st Court, Kurla arising out of FIR dated 11th December, 2022 registered with Antop Hill Police Station vide C.R. No.359 of 2022 are quashed and set aside.
iii.
The Applicants shall pay cost of Rs.50,000/- to Advocates Association of Western India Generation Next within a period of four 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.
Application stands disposed off accordingly.
(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)