Shabbir Noor Mohd. Patel v. The State Of Maharashtra And ORS

906.1-APL-560.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION (APL) NO. 560 OF 2015 Shabbir Noor Mohd. Patel ...

Applicant

Versus

The State of Maharashtra and Ors.

...

Respondent Mr. Sameer Pandit a/w Ms. Sarrah Khamati, Mr. Pranay Kamdar i/by Wadia Ghandy & Co. for the applicants in Cri. Appln No. 560 of 2015.

Mr. Shabbir Patel present in person.

Dr. F.R.Shaikh a/w Smt. Aruna Pai, APP for the State. CORAM : B.P. DHARMADHIKARI & NITIN R. BORKAR, JJ.

DATE :

JANUARY 22, 2020 P.C.:

Petitioner in the present matter who is father of complainant respondent no. 5 has approached for quashing of FIR No. 16 of 2015 registered on 10/1/2015 under sections 465, 468, 467, 471 and 420 IPC.

2.

Petitioner is present with his advocate and respondent no. 5 is present with his advocate. Learned APP appears for respondent nos. 1 to 3.

3.

Parties jointly state that the dispute between them is amicably settled. The matter was looked into by this court on nilegaonkar 1/2

906.1-APL-560.2015.odt 20/1/2020 for some time and it came to be adjourned to enable the parties to file affidavit stating that their settlement does not in any way prejudice the interest of the third parties. That affidavit sworn in by the petitioner, respondent no. 5 and wife of petitioner no. 1 has been tendered today.

4.

It appears that the dispute has arisen because of business rivalry in relation to the private companies in which 100% shares are held by the family members, The disputes before the NCLT have already been withdrawn.

5.

In this situation, as the affidavit discloses that there is no effect on any third parties, we accept the affidavit filed today by the parties. Accordingly accepting the said affidavit, we allow this petition and make the rule absolute in terms of prayer clause (a).

(NITIN R. BORKAR, J.) (B.P. DHARMADHIKARI, J.) nilegaonkar 2/2