Rajendra Parshuram Mali v. State Of Maharashtra And ANR

APL. 165-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION No. 165 OF 2015 Rajendra Parshuram Mali ...

Applicant Vs.

The State of Maharashtra & Anr.

...

Respondents *** Mr. Laxmikant Shukla, for the Applicant.

Mrs. M. H. Mhatre, APP for Respondent No. 1.

Ms. Sarita Tripathi, for Respondent No. 2.

*** CORAM : V. M. KANADE, & Ms. NUTAN D. SARDESSAI, JJ.

DATE : DECEMBER 20, 2016 PC.

1.

This application is filed by the Applicant for quashing the complaint filed by Respondent No. 2 for the offences punishable under s. 420, 406, 504, 506(II) read with 34 of the Indian Penal Code registered vide C. R. No.I-207/2013 with Kasarvadawli Police Station. Respondent No. 2 has filed an affidavit in reply stating therein that the matter has been amicably settled and he has received Rs. 30 lakhs as and by way of settlement from the Applicant. The learned counsel 1 / 2

APL. 165-15 appearing for Respondent No. 2 submits that an affidavit in reply has been filed and the complainant has no objection if the complaint is quashed.

2.

In our view, the dispute essentially appears to be of a civil nature and now it has been settled, therefore, ratio of the judgment of the Apex Court in the case of Narinder Singh & Ors., Appellants Vs. State of Punjab & Anr., Respondents [(2014) 6 SCC 466] would squarely apply to the facts of present, and there is no impediment in quashing the criminal complaint. Criminal application is, therefore, allowed in terms of prayer clause (i), and is accordingly disposed of. Sd/- Sd/- [Ms. NUTAN D. SARDESSAI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2