Krishna Alias Pappu Bapu Shinde And ORS v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 347 OF 2014 Krishna alias Pappu Bapu Shinde & Ors.

.. Applicants v/s.

The State of Maharashtra & Ors.

..Respondents Mr. Nitin Dalvi i/b Sulbha Joshi for the applicants Mr. V.V. Rane for the respondents Mr. J.P. Yagnik, APP for the respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 8th APRIL, 2015.

P.C.

1.

This application is filed invoking the jurisdiction of this Court under the provisions of Section 482 of the Cr.P.C. to quash and set aside the proceedings of C.R. No.62 of 2014, registered with Velha Police Station, Pune. The said C.R. is filed against the applicants at the instance of respondent no.2 for the offence punishable under Sections 143, 147, 148, 149, 323, 341, 427, 506 and 395 of the IPC.

2.

During the pendency of the said criminal case, the parties have arrived at amicable settlement and in pursuance of the said understanding, they have filed the present application for quashing the said C.R. by consent. Respondent no.2 accordingly has filed affidavit dated 8th April, 2015. In paragraph 2, he has given consent for quashing the FIR against all the applicants. Respondent no.2 is personally present in the Court. On specific query made by us, he submitted that he has no objection for quashing the FIR and consequential criminal proceedings. 2.

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.

3.

Accordingly, the Criminal Application is allowed in terms of

prayer clause (a), subject to applicants to pay costs of Rs.10,000/- to Shanti Avedna Sadan, Mount Mary Road, Bandra (W), Mumbai. Cost is condition precedence.

(ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.)