Biswas Nair v. The State Of Maharashtra And ORS
rpa 1/3 26 apl 364 of 2014.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.364 OF 2014 Biswas Bhaskar Nair .. Applicant
Versus
State of Maharashtra and Ors.
.. Respondents ......
Mr.Akash Menon a/w. Ms.B. Ramakrishnan, Advocate for the Applicant. Mrs.P.P. Shinde, APP for the Respondent No.1-State. Mr.Anirban Tripathy, Advocate for the Respondent No.3. ......
CORAM : REVATI MOHITE DERE & SHARMILA U. DESHMUKH, JJ.
DATED : JULY 27, 2022.
P.C. :
Heard learned counsel for the parties.
By this application, the applicant seeks quashing of the Digitally signed by RAJESHRI PRAKASH AHER Date:
2022.08.05 10:56:20 +0530 proceedings initiated as against the applicant i.e. C.R.No.592 of 2013, RAJESHRI PRAKASH AHER registered at the behest of the respondent no.3 with the Hinjewadi Police Sation, Pimpri-Chinchwad.
rpa 2/3 26 apl 364 of 2014.doc Learned Counsel for the applicant and the learned counsel for the respondent no.3 state, that during the pendency of the aforesaid application, the parties have amicably settled their dispute and have entered into Consent Terms. The respondent no.3 - Shinie Biswas Nair, has filed her affidavit dated 2nd May, 2022. In the said affidavit, particularly in paragraph 4, the respondent no.3- Shinie Biswas Nair has stated that having regard to the settlement terms, she has no objection for quashing of criminal case No.RCC/1719/2014, pending before the learned J.M.F.C., Pune, arising out of C.R.No.592 of 2013. The respondent no.3 - Shinie Biswas Nair is present in person. She reiterates what is stated by her in the affidavit.
An FIR was lodged by the respondent no.3 - Shinie Biswas Nairas against the petitioner, alleging offences punishable under Section 498 - A, 406 and 504 of the IPC. The said FIR was registered with the Hinjewedi Police Station, Pune, on 17th December, 2014. After investigation, charge - sheet was filed in the said case and the case is presently pending on the file of the learned J.M.F.C., Pune being Criminal Case No.RCC/1719/ 2014. It appears that during the pendency of the
rpa 3/3 26 apl 364 of 2014.doc aforesaid application, the parties have amicably settled their dispute. The respondent no.3 has also filed her affidavit stating therein that she has no objection to the quashing of the said C.R. and consequently the proceedings arising from the said CR.
In view of the aforesaid, we allow the petition and as such quash C.R.No.592 of 2013, registered with the Hinjewadi police station, Pimpri-Chinchwad, as against the petitioner and consequently, the criminal case which is pending on the file of the learned J.M.F.C., Pune, being Criminal Case No.RCC/1719/2014.
The application is disposed of on the aforesaid terms. All concerned to act on the authenticated copy of this order. SHARMILA U. DESHMUKH, J. REVATI MOHITE DERE, J.