Vikram Rajendra Oberoi And ANR v. The State Of Maharashtraand ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 420 OF 2015 Vikram Ashish Oberoi & Anr.

.. Applicants v/s.

The State of Maharashtra & Anr.

..Respondents Mr. H.S. Shinde for the applicants Mr. K.V. Saste, APP for the respondent State Ms. Sonali Tamhankar for respondent no.2 CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 6th MAY, 2015.

P.C.

1.

This application is filed under the provisions of Section 482 of the Cr.P.C. to quash and set aside the criminal proceedings in C.C. No. 491/PW/2015, pending on the file of learned Metropolitan Magistrate, Railway Mobile Court, Andheri, Mumbai. The said case arises out of registration of C.R. No.264 of 2013 registered with Varsova Police Station at the instance of respondent no.2 for the offence punishable under Sections 324 r/w 34 of the I.P.C.

2.

During the pendency of the trial, the parties have settled their dispute amicably and in pursuance of the said understanding, they have filed the present application for quashing and setting aside the proceedings of the said C.R., by consent. Respondent no.2 accordingly has filed an affidavit dated 30.04.2015. In paragraph 10 of the affidavit, he has given no objection for quashing the criminal proceedings being C.R. No.264 of 2013. 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 Criminal Application is made absolute 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 within a period of two weeks from the date of receipt of this order. Cost is condition precedent. If the cost is not paid within stipulated period, the Criminal Application shall stand dismissed without any further reference to the Court. (ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.)