Bombay High CourtWP/2255/2016rule absolute

Hiral Jayanti Sharma v. The State Of Maharashtra And ANR

2016-08-20Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice A.S. Oka2 pages

crwp2255 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELATE JURISDICTION WRIT PETITION NO.2255 OF 2016 Miss Hiral Jayanti Sharma

...Petitioner

vs.

The State of Maharashtra and others

...Respondents

Ms Tahera Abdul Rashid Qureshi for the Petitioner Mr.K.V.Saste, APP for the respondent No.1 Ms Saima Ansari for respondent No.2 CORAM : A.S.OKA, & A.A.SAYED, JJ.

DATE : AUGUST 20, 2016 ORAL JUDGMENT : (PER A.S.OKA,J.) Rule. The learned APP waives service for the first respondent. The learned counsel for the second respondent waives service. Forthwith taken up for hearing.

Though the FIR refers to the commission of offence under section 380 of the Indian Penal Code by the present petitioner, in the charge sheet which is subject matter of challenge in this petition, it is stated that the same is filed for the offence punishable under section 379 read with section 34 of the Indian Penal Code.

As per the table appended to sub-section 1 of section 320 of the Code of Criminal Procedure,1973 the offence of theft under section 379 is a

crwp2255 compoundable offence at the instance of the person who is the owner of the alleged stolen property. In the present case, the second respondent is the owner of the stolen property namely the cell phones. The second respondent by filing an affidavit has shown willingness to compound the offence as recorded in paragraphs 4 and 5 of the affidavit. Therefore, the petition must succeed.

Hence, we pass the following order :

(I) Rule is made absolute in terms of prayer clause (a) which reads thus:

"(a) To quash the Court case being C.C.No.1962/PW/2008 pending on the file of Addl.Chief Metropolitan Magistrate, 24th Court, Borivali, Mumbai for offences punishable under section 379 of Cr.P.C registered by the Malad Police Station on 23.10.2006 on the complaint of one Mr.Ayub Khan, the 2nd respondent herein in the interest of justice."

(II) All concerned to act upon an authenticated copy of this Judgment and order.

(A.A.SAYED,J.) (A.S.OKA,J.)