Dattatray Shankar Sherkar v. The State Of Maharashtra And ORS

(8) apl-614.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.614 OF 2016 Mr. Dattatray Shankar Sherkar : Applicant.

Versus

The State of Maharashtra and ors.

: Respondents.

Mr. S H Chari for the Applicant.

Mr. S R Shinde, Addl. PP for the Respondent/State. CORAM :

R. M. SAVANT & SANDEEP K. SHINDE, JJ.

DATE :

19th September 2017 P.C.

By the above Application, the Applicant seeks quashing of the FIR on the ground that the parties have amicably resolved their dispute. Having regard to the mandate of Section 320(v) of the Criminal Procedure Code and considering the fact that the Applicant is in Appeal against his conviction, the relief sought by the Applicant by way of an interdiction under Section 482 of the Criminal Procedure Code cannot be granted. It is for the Applicant to follow the mandate of the said provision i.e. Section 320(v) of the Criminal Procedure Code if so advised. With the aforesaid observations, the above Application is disposed of.

[SANDEEP K. SHINDE, J] [R.M.SAVANT, J] lgc