Disha Vikas Gandhi v. The State Of Maharashtra And ANR

spb/ 14-apl-652-16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 652 OF 2016 Smt. Disha Vikas Gandhi ... Applicant.

V/s.

The State of Maharashtra & Anr.

... Respondents.

--- Mr. Pritam P. Runwal, Advocate for the Applicant. Mrs. M. H. Mhatre, APP for Respondent No.1 - State. Mr. Ramesh Cheulkar, Advocate for Respondent No. 2. --- CORAM : V. M. KANADE AND Ms. NUTAN D. SARDESSAI,JJ.

DATE : 21st NOVEMBER, 2016 P.C. :

The learned counsel for the parties submit that the parties have amicably settled the dispute out of court and, therefore, an application is filed for quashing the criminal complaint filed by respondent no.2 against the applicant for the offence punishable under sections 408 and 420 of the Indian Penal Code, which is registered vide C.R. No. 90 of 2016 at the Sion Police Station, Mumbai.

Respondent No.2 has filed an affidavit-in-reply, stating therein that they have amicably settled the dispute and he has no objection if the complaint is quashed.

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spb/ 14-apl-652-16.odt Both the parties are present before the court. The complainant has no objection if the complaint is quashed. In view of the ratio laid down by the Apex Court in the case of Gian Singh vs. State of Punjab & Anr., reported in (2012) 10 Supreme Court Cases 303, this complaint, therefore, can be quashed by this Court while exercising its inherent jurisdiction under section 482 of the Cr. P.C..

The application is, therefore, allowed in terms of prayer clause (b) and it is disposed of.

(Ms.NUTAN D.SARDESSAI,J) (V.M.KANADE,J.) .....

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