Imran Latif Khan v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 413 OF 2024 Imran Latif Khan

...Petitioner

Versus

The State of Maharashtra and Anr.

...Respondents

....

Mr. Tushar Chavan i/by Mr. Dinesh Sonawane, Advocate for the Petitioner.

Mr. S. H. Deshpande i/by Mr. A. P. Avachat for Respondent No.2. Ms. S. E. Phad, APP for the Respondent No.1 - State. ....

CORAM

:

PRAKASH D. NAIK, & N. R. BORKAR, JJ.

DATE :

23rd FEBRUARY, 2024.

P.C.

:

1.

The Petitioner is seeking quashing of the First Information Report (for short 'FIR') dated 06.10.2023 registered with Laskhar Police Station, Pune vide FIR No 252 of 2023 for offence punishable under Section 420 r/w Section 34 of Indian Penal Code (for short "IPC"). The FIR has been registered at the instance of Respondent No.2.

2.

The parties have resolved the dispute. The Respondent No.2/ complainant has no objection for quashing the FIR. Digitally signed by SAJAKALI LIYAKAT JAMADAR Date:

2024.02.28 19:06:24 +0530 SAJAKALI LIYAKAT JAMADAR

3.

Learned Advocate for Respondent No.2/Complainant submitted that the Petitioner, who is the original accused No.3 can be exonerated as prime role is played by the other accused. 4.

Learned A.P.P. on instructions from the officer submitted that during investigation involvement of the Petitioner in the crime is not disclosed. After registration of FIR Sections 467, 470 & 471 of IPC were invoked.

5.

Respondent No.2/Complainant is present in the Court. He has expressed no objection for quashing the FIR against Petitioner. He has filed Affidavit indicating his consent for quashing the FIR. The affidavit is taken on record.

6.

Considering the aforesaid circumstances, the impugned proceedings can be quashed.

ORDER

i.

Criminal Writ Petition is allowed and disposed off; ii.

The FIR dated 06.10.2023 registered with Laskhar Police Station, Pune vide C.R. No 252 of 2023 is quashed and set aside as against the Petitioner.

iii.

The Applicant shall pay cost of Rs.25,000/- to Advocates Association of Western India Generation Next within a period of two 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 Petition for reporting the compliance after four weeks.

(N. R. BORKAR, J.) (PRAKASH D. NAIK, J.)