Prashant Janardan Jangam And ORS v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1443 OF 2015 Prashant Janardan Jangam & Ors.

.. Petitioners v/s.

The State of Maharashtra & Anr.

..Respondents Mr. Rahul Arote for the petitioners Mr. Bhavesh Thakar for respondent no.2 Mrs. P.H. Kantharia, APP for the respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 16th APRIL, 2015.

P.C.

1.

Heard. This Writ Petition is filed under Article 226 of the Constitution of India under the provisions of Section 482 of the Cr.P.C. to quash and set aside the proceedings of the C.R. No.I-04 of 2015 registered with Nalasopara Police Station at the instance of respondent no.2 for the offence punishable under Sections 303, 326, 504, 506, 147, 148 and 149 of the IPC.

2.

Pending investigation, parties have settled their dispute

amicably and in pursuance of the understanding arrived at between them, they have filed the present petition for quashing the proceedings of the said C.R., by consent. Respondent no.2 has filed an affidavit dated 7th April, 2015. In para 4, he has given no objection for quashing the proceedings of the said C.R.. 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. 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, the Writ Petition is made absolute in terms of prayer clause (B), subject to petitioners to pay costs of Rs.15,000/- to Shanti Avedna Sadan, Mount Mary Road, Bandra (W), Mumbai.

Cost is condition precedence. Cost to be paid within a period of two weeks from the date of receipt of this order, failing which petition shall stand dismissed without any further reference to the Court.

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