M/S Raj Homes S.V. Developers Thorugh Partner Shantilal Virji Thakkar And ORS. v. Senior Inspector Of Police, Nvai Mumbai And ORS.

37 - WP. 3240-19 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION No. 3240 OF 2019 M/s. Raj Homes S. V. Developers & Ors.

...

Petitioners Vs.

Senior Inspector of Police, Navi Mumbai & Ors.

...

Respondents *** Mr. Sachin Khandagale i/b Padma Divakar, for the Petitioners.

Mr. Deepak Thakre, PP a/w Mrs. S. D. Shinde, APP for Respondent Nos. 1 and 2.

Mr. Arun A. Joshi, for Respondent No. 3.

*** CORAM : B. P. DHARMADHIKARI, & NITIN W. SAMBRE, JJ.

DATE : NOVEMBER 25, 2019 PC :

1.

Heard. Rule. Rule made returnable forthwith. By consent of parties, petition is taken up for fnal hearing. 2.

Petitioner No. 7 Girish Shah is present alongwith his advocate on behalf of all petitioners. Respondent No. 3 - complainant is also present with her advocate. The Petitioners and Respondent No. 3 are jointly requesting for quashing and setting aside the FIR dated 19.8.2013, which is registered under S. 420, 415, 405, 406, 465, 468, 1 / 2

37 - WP. 3240-19 471, 474, 475, 476, 504, 506, 506(II), 503 read with 34 of the Indian Penal Code. Respondent No. 3 has given her affidavit giving no-objection, pointing out that her grievance is fully satisfed.

3.

Learned Public Prosecutor in order to assist the Court has submitted that there are similar eight FIRs pending against the Petitioners. We fnd that all those FIRs are in relation to the very same building, and the different occupants / purchasers have fled those reports to police.

4.

In this situation, we accept the joint request of the parties and make rule absolute in terms of prayer clause (a).

Sd/- Sd/- [NITIN W. SAMBRE, J.] [B. P. DHARMADHIKARI, J.] Vinayak Halemath 2 / 2