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Bombay High CourtWP/1617/2015others disposed off

Shashikant Maruti Chavan v. Maruti Bharma Chavan And ANR

2015-04-21Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1617 OF 2015 Shashikant Maruti Chavan .. Petitioner v/s.

Maruti Bharma Chavan & Anr.

..Respondents Mr. Manish Rai for the petitioner Mr. Santosh Arolkar for respondent no.1 Mr. K.V. Saste, APP for the respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 21st APRIL, 2015.

P.C.

1.

Heard. This petition is filed under Article 226 of the Constitution of India under the provisions of Section 482 of the Cr.P.C. for quashing and setting aside the criminal proceedings of C.R.No. 180 of 2014 registered on 29.08.2014 with Nehru Nagar Police Station, Kurla, Mumbai. The said FIR is filed at the instance of respondent no.1 against the petitioner for the offence punishable under Sections 420, 467, 468, 471, 465 and 406 of the

IPC.

2.

Pending investigation, parties have settled their dispute amicably and in pursuance of the said understanding, they have filed the present petition for quashing the said C.R., by consent. Respondent no.1 has filed an affidavit dated 20.04.2015. In paragraph 3, he has given no objection for quashing and setting aside the said C.R. Respondent no.1 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.

The petitioner is the son of respondent no.1. We are of the view that quashing of the proceedings would help in improving the relationship between them. The dispute between the parties 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 (A). The Nehru Nagar Police Station is directed to return the original documents to the person from whom it was seized.

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