Rakesh Kisanrao Wahile v. The State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2009 OF 2019 Rakesh K. Wahile ... Petitioner V/s.

The State of Maharashtra and anr.

... Respondents AND WRIT PETITION NO. 4057 OF 2019 Sandeep R. Andre and ors.

... Petitioners V/s.

The State of Maharashtra and anr.

... Respondents ---------------- Appearance in both matters Mr. Vishal L. Kolekar for the Petitioner(s).

Mr. S.R. Shinde, APP for the Respondent - State. Mr. Nitin Deshpande for Respondent No.2.

----------------

CORAM

:

B.P. DHARMADHIKARI, ACTING CHIEF JUSTICE & N.R. BORKAR, J.

DATE :

FEBRUARY 26, 2020.

P.C.

1] Respondent No.2-complainant (Narayan Vaidya) is present with his advocate and has given no objection for quashing of FIR, which is under sections 420, 406, 471, 120B and 34 of I.P.C.

2] Fact shows that the petitioner in Criminal Writ Petition No. 2009 of 2019 is practising advocate and drafted sale deed 1/3

of property of respondent No.2- complainant in favour of the petitioners in Criminal Writ Petition No. 4057 of 2019. In that sale deed, while describing the property, excess area was shown to be sold and for it recipet of consideration of Rs.5 Lakhs was recorded in cash.

3] After the ofence was registered, the controversy has been amicably settled by the parties. The purchasers have executed the registered sale deed of excess area in favour of respondent No.2 - complainant. Thus, the parties do not have any claim against each other now. Civil Suit fled in the matter vide Special Civil Suit No. 661 of 2018 is also amicably settled.

4] The petitioners fairly state that an ofence under section 324 of IPC has been registered against the petitioner in Criminal Writ Petition No. 2009 of 2019 as also an ofence under section 409 of IPC has been registered against one of the petitioner in Criminal Writ Petition No. 4057 of 2019. 2/3

5] Afdavit tendered by the complainant is taken on record. Similarly, joint afdavit tendered by three purchasers and afdavit of advocate is taken on record.

6] Subject to the petitioners, in both the petitions, paying an amount of Rs.10,000/- each to Police Welfare Fund of State of Maharashtra within four weeks from today, we make Rule absolute in terms of prayer clause "b." in Criminal Writ Petition No. 2009 of 2019 and prayer clause "a." in Criminal Writ Petition No. 4057 of 2019.

7] Both the petitions are disposed of accordingly. (N.R. BORKAR, J.) (ACTING CHIEF JUSTICE) 3/3