Sarthak Shailesh Sawa v. The State Of Maharashtra And ANR

Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 118 OF 2018 Mr.Sarthak Shailesh Sawa .. Applicant Vs.

The State of Maharashtra and anr.

.. Respondents Ms.Sonal Parab i/b Rajeev Sawant & Associates, for the Applicant.

Mr. S.R. Shinde, APP for State.

Mr.Siddhesh R.Samel, for Respondent No.2.

CORAM : SMT. V.K.TAHILRAMANI ACTING C.J.

AND M.S.KARNIK, J.

07th FEBRUARY, 2018 ORAL ORDER (PER SMT.

V.K.TAHILRAMANI ACTING C.J.) :

1.

The applicant is seeking quashing of FIR No. 132 of 2017 of N.M. Joshi Marg Police Station, Mumbai. The said case is under Sections 279, 337 & 427 of IPC. The said case is now pending before learned Metropolitan Magistrate, 13th Court, Bhoiwada, Mumbai and it is numbered as C.C.No. 1128/PS/2017.

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2.

Heard learned Counsel for the applicant - original accused, learned Counsel for respondent No.2- original complainant and learned APP for the State.

3.

The applicant as well as complainant are present before the Court. The complainant has stated that the matter has been amicably settled between him and the applicant and in view of amicable settlement, he does not wish to proceed with his case and the case may be quashed. He has also filed affidavit to the above effect which is now annexed at page no. 20 to the Petition.

4.

Looking to the fact that matter has been amicably settled between the parties and looking to the fact that the complainant does not wish to pursue the case, we are of the opinion that no purpose would be achieved by continuing with the prosecution in the said case. In this view of the matter, FIR No. 132 of 2017 of N.M. Joshi Marg Police Station and the proceedings relating thereto are quashed.

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5.

Application is allowed in the above terms.

(M.S.KARNIK, J.) (ACTING CHIEF JUSTICE) 3/3