Shambhu Tukaram Khot And ORS v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 522 OF 2015 Shambhu Tukaram Khot & Ors.

.. Applicants v/s.

The State of Maharashtra & Ors.

..Respondents Ms. Nirmala Bhosale for the applicants Mr. D.H. Shukla for the respondent no.2 Mr. K.V. Saste, APP for the respondent State CORAM: RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED: 16th JUNE, 2015.

P.C.

1.

This application is filed under the provisions of Section 482 of the Cr.P.C. for quashing the proceedings of FIR No.187 of 2014 registered with Baramati City Police Station, Dist. Pune. The said FIR is filed against the applicants at the instance of respondent no.2 for the offence punishable under Sections 452, 324, 323, 504, 427 of the IPC.

2.

During the investigation, parties have settled their dispute

amicably and in pursuance of the said understanding, they have filed the present application to quash the said criminal proceedings, by consent. Respondent no.2 accordingly has filed affidavit dated 16.06.2015. In paragraph 5, he has given no objection to allow the application. 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.

2.

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.

3.

Accordingly, the Criminal Application is made absolute in terms of prayer clause (a), subject to applicants to pay costs of Rs.5,000/- 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 precedence. (ANUJA PRABHUDESSAI, J.) ( RANJIT MORE, J.)