Kishor Suresh Sakat v. The State Of Maharashtra

211-15-apl=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.211 OF 2015 Kishor Suresh Sakat .. Applicant v/s.

The State of Maharashtra ..Respondent Ms. Saroj Shinde for the applicant Mr. K.V. Saste, APP for the respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 18th MARCH, 2015.

P.C.

1.

Heard. This application is filed invoking the powers of this Court under Section 482 of the Cr.P.C. for quashing the proceedings of C.R. No.51 of 2015, registered with M.H.B. Police Station, Borivali. The said CR is registered against the petitioner at the instance of respondent no.2 for the offence punishable under Sections 323 and 326 of the IPC.

2.

The petitioner is the step son of respondent no.2. With the intervention of the elders, they have settled their dispute and in pursuance of the said understanding, they have agreed to ash the Uday S. Jagtap

211-15-apl=.doc said C.R. by consent. The respondent no.2 has filed an affidavit dated 2nd March, 2015. In paragraph no.4(f), she has stated that in view of the settlement between herself and the petitioner, she has agreed to withdraw the subject complaint. She is personally present in the Court. On specific query made by us, she submitted that she has no objection for quashing the FIR and consequential criminal proceedings.

3.

We are of the view that the dispute is of personal nature and the ratio in the case of Narinder Singh Vs. State of Punjab (2014) AIR SCW 2065 would squarely apply to the facts of the present case and as such there is no impediment in quashing the criminal complaint.

4.

Accordingly, application is allowed in terms of prayer clause (a).

(ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.) Uday S. Jagtap