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Bombay High CourtAPL/46/2019rule absolute

Rahul Suri v. The State Of Maharashtra And ANR

2019-02-20Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice B.P. Dharmadhikari2 pages

apl.46.19.21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 46 OF 2019 Rahul Suri ...Applicant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. Vinay J. Bhanushali for the Applicant Dr. F. R. Shaikh, A.P.P for the Respondent No.1-State Mr. Aabad Ponda I/b Ms. Mallika Ingale for the Respondent No. 2 CORAM : B. P. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

WEDNESDAY, 20 th FEBRUARY 2019 P.C. :

Complainant-Vijay is present with his advocate. Counsel for applicant is present. They jointly request for quashing of FIR. FIR is only under Section 420 of the Indian Penal Code and arising out of a property transaction.

The consideration amount paid by complainant is deposited by applicant with the Registry of this Court. SQ Pathan 1/2

apl.46.19.21.doc Complainant/respondent No. 2 is present and he informs the Court that he does not wish to prosecute applicant. He also seeks leave to withdraw amount in deposit.

Applicant has no objection if amount is allowed to be withdrawn.

Perusal of report does not show any public angle. In this situation, we make rule absolute in terms of prayer clause (a).

Needless to mention that if there is no other order operating against respondent No. 2, respondent No. 2 is free to withdraw amount deposited by the applicant with the Registry of this Court.

REVATI MOHITE DERE, J.

B. P. DHARMADHIKARI, J.

SQ Pathan 2/2